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Manoj Sharma v. State Of U.P. And Others - WRIT - C No. 73035 of 2005 [2005] RD-AH 7095 (7 December 2005)


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Civil Misc. W.P. No.  73035 of 2005

Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

It has been stated by the petitioner that in a murder case pending as Sessions Trial No. 188 of 1988 - State Versus Kailashi, the petitioner is one of the eye-witnesses.

Therefore, the petitioner's case falls within the Government Order dated 25th April 2001.

If a person's case falls within the Government Order, whether security should be provided to him or not has to be decided by a District Level Committee headed by the District Magistrate depending upon the intelligence and other reports regarding threat perception.

According to the petitioner, earlier security had been provided to him. The security has been withdrawn suddenly without assigning any reasons.

In the circumstances, we require the District Magistrate, Mathura, to get the relevant reports/information regarding threat perception and to get a decision taken by the District Level Committee in terms of the aforesaid Government Order and the facts found in the reports/information. Till the decision is taken by the Committee, the security provided to the petitioner, which has been withdrawn, will be continued.

The writ petition is disposed of after hearing learned counsel for the petitioner and the learned standing counsel.

Dated : December 7, 2005



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