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HAJI ABDUL HAKIM versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Haji Abdul Hakim v. State Of U.P. And Others - WRIT - C No. 12690 of 2007 [2007] RD-AH 4377 (14 March 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 44

Criminal Misc. Writ Petition No. 12690 of 2007

Haji Abdul Hakim           Vs.             State of U.P. and others  

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Hon'ble Imtiyaz Murtaza, J.

Hon'ble Amar Saran, J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.  

This petition has been filed for challenging the order dated 26.9.2006 (Annexure - 6 to the petition) whereby the petitioner has been directed to pay 100% cost for provision of gunner to him.

The contention of learned counsel for the petitioner is that his brother was murdered in the year 2002, hence the State Government had provided gunner on 10% cost. He further submitted that now the trial has ended into conviction and the appeal is pending but there are some allegations of threat even at the stage of appeal.

In our opinion, the proper remedy in such cases is to move an application for cancellation of bail and facility of gunner cannot be provided to an individual at the cost of State Government and tax payers, endlessly.

Therefore, there is no illegality in the order of the State Government requiring him to pay 100% cost for provision of gunner at this stage.

In the circumstances, there is no merit in this writ petition. The petition is hereby dismissed.

Dated : 14.3.2007

S.B.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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