LAWS(UTN)-2009-11-20

SMT. JYOTI NEGI Vs. STATE OF UTTARAKHAND

Decided On November 04, 2009
Jyoti Negi Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) BY way of this writ petition, the petitioners have prayed for issuing writ in the nature of mandamus commanding and directing the respondents No. 1 & 2 to provide the security in order to protect the life and liberty to the petitioners so that they may not be harassed and tortured by the respondent nos.3 & 4 and by their henchmen.

(2.) HEARD Sri Bhuvnesh Joshi, Advocate for the petitioners and Sri Nandan Arya, learned AGA for the State/respondent Nos. 1 & 2 as well as Sri R.C. Upadhyaya, Advocate for the respondent Nos. 3 & 4 and perused the record.

(3.) THE counter affidavit in this case has been filed on behalf of the respondent Nos. 1 & 2 as well as on behalf of the respondent Nos.3 & 4. Respondent Nos. 3 & 4 have denied the allegations levelled by the petitioners in the petition by taking the plea that when the whereabouts of Jyoti Negi had not been known to the respondent no. 3, he lodged the First Information Report at Police Station Dwarahat. It has been further averred in the counter affidavit filed by respondent no. 3 that the petitioner no. 2 in order to save himself from the clutches of law, has filed the writ petition. It has been further stated by the respondent no. 3 that the photographs showing the marriage ceremony of the petitioner Nos. 1 & 2 are nothing but a trick photography and these photographs have no evidential value.