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Sarvesh Narain Shukla v. State Of U.P. And Others - WRIT - C No. 16097 of 2006 [2006] RD-AH 6569 (24 March 2006)


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).


Hon'ble Sushil Harkauli, J.

Hon'ble Vikram Nath, J.

We have heard the learned counsel for the petitioner as well as the learned Standing Counsel.  A counter affidavit may be filed by the learned Standing Counsel within one month.  List thereafter.

The petitioner's father was murdered along with two other persons.  One of the witness of that murder, Rakesh Kumar Pandey was murdered a week before the date when he was going to give evidence.  For the murder of Rakesh Kumar Pandey, the CBI has filed the charge sheet against certain persons including an M.L.A. under section 302/307/526 IPC in the Court of Special Judge (CBI) at Lucknow.  The petitioner claims that he is witness in that case.  In this backdrop two gunners had been provided for the security of the petitioner, one at the district level and one at the State level.  According to the averment of the petitioner in this writ petition, the district level gunner has already been withdrawn, and now a letter dated 16.2.2006 has been written to the petitioner by Superintendent of Police, Sant Ravidas Nagar saying that the tenure for which the gunner had been provided to the petitioner at the State Govt. level is coming to an end on 23.5.2005, and if no extension order is received from the State Government that gunner will also be withdrawn.

Considering these averments of the petitioner, we direct that the gunner at the State expenses will continue to be provided to the petitioner during pendency of the case which is pending in the Court of Special Judge (CBI) at Lucknow.




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