Jyoti Devi v. Ut of J and K Th Senior Superintendent of Police Jammu and Others

ORDER

05.05.2025

¶1Heard.

¶2In the facts and circumstances of the case, the matter can be disposed of at this threshold stage by passing of orders regarding taking of such appropriate action which the respondents are otherwise also obliged to take in accordance with law. The matter is, accordingly, taken up for final disposal.

¶3The case of the petitioner as projected by her through the medium of the instant petition filed under Article 226 of the Constitution of India, in nutshell is that she is the owner of the big chunk of land falling under different Khasra numbers as mentioned in Para 2 of the petition, situated at Chouhana Chak, Jammu; that the private respondents, who are strangers and having no right or interest in the said property are trying to forcibly grab the same in furtherance of which illegal motive, they have on various occasions made attempts to take over the forcible possession of the said land; that she upon Sr. No. 13

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being attacked by the private respondents in furtherance of the aforesaid motive, was constrained to get FIR's bearing Nos. 297/2018 under Sections 447, 314 and 504 RPC; 0346/2020 dated 28.11.2020 under Sections 420/406 IPC and 0188/2022 dated 25.05.2022 under Sections 447, 427,434,34 and 120-B IPC registered with the Police Station, Domana, Jammu; that the police concerned in some of the FIRs have already filed the final police reports/challans before the competent Courts; that the private respondents have been threatening her with a view to pressurize her for compounding the aforesaid criminal cases or to give favourable statements in their favour; that she apprehends threat to her life and also to the life of her family members at the hands of the private respondents and that she also approached the concerned Superintendent of Police, Jammu with her grievance but she was paid a deaf ear. She has, accordingly, prayed for issuance of a Writ of Mandamus for commanding the official respondents to provide adequate security cover to her and her family members in the light of the threat perception so that her life and liberty as well as of her family members is protected.

¶4Admittedly, the official respondents are under a legal obligation to take necessary action under law pursuant to the unlawful activities of the private respondents upon being communicated to them by the petitioner.

¶5The instant writ petition is, accordingly, disposed of with the direction to the official respondent Nos. 1 and 2 to look into the grievance of the petitioner already made and/or to be made by her if needed and to take the

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necessary action as warranted under law in the situations so that the life and liberty of the petitioner as well as of her family members is protected from any apprehended danger and petitioner is in a position to live along with her family members peacefully.

¶6Disposed of.

(MOHD. YOUSUF WANI)

JUDGE

JAMMU

05.05.2025 Shammi

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: WP(C) No.1041/2025 CM No.2482/2025 Jyoti Devi ..... Petitioner(s) Through :- Mr. A. R. Khan, Advocate Vs Union Territory of J&K and others .....Respondent(s) Through :- CORAM: HON'BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE