The Allahabad High Court has dismissed a petition filed for the protection of Mukhtar Ansari’s sons, Umar Ansari and Abbas Ansari.
The Division Bench of Justice Sunita Agarwal and Justice Vikas Kunvar Srivastav passed this order while hearing a Criminal Misc Writ Petition filed by Umar Ansari And Another.
By means of the writ petition, the petitioners have sought the following reliefs:
“1. Issue a writ order or direction in the nature of mandamus, directing the respondent no. 1, 2, 4 & 5 to ensure the security and protection of the petitioners for pursuing the criminal case being S.T. No. 304 of 2009 (State Vs Brijesh Singh); on behalf of the complainant / informant arising out of case crime no. 251 of 2001 under section 147, 148,149, 307, 302, 427, 120-B IPC Police Station Mohammadabad, District Ghazipur, pending in the court of Special Judge (M.P./M.L.A.) Court, Allahabad during pendency of the trial before the Trial Court.
2. Issue a writ order or direction in the nature of mandamus, directing the respondent no. 1, 2, 4 & 5 to ensure the security and protection of the witnesses of S.T. No. 304 of 2009 (State Vs Brijesh Singh); arising out of case crime no. 251 of 2001 under section 147, 148, 149, 307, 302, 427, 120-B IPC Police Station Mohammadabad, District Ghazipur, pending in the court of Special Judge (M.P./M.L.A.) Court, Allahabad during pendency of the trial before the Trial Court.
3. Issue a writ order or direction in the nature of mandamus, directing the respondent no. 3 Director General, Jail Lucknow to ensure the physical/electronic mode appearance of the accused for recording the statement of the witnesses in the trial court.”
As per the assertion made in the writ petition, according to the petitioners, they were facing difficulty in pursuing the trial which was being conducted in the Court of Special Judge (M.P./M.L.A) Court, Allahabad, arising out of Case under Sections 147, 148, 149, 307, 302, 427, 120-B IPC, registered at Police Station Mohammadabad, District Ghazipur.
It is admitted to the counsels for the parties that the said trial has now been transferred to District Ghazipur and is pending in the Court of Special Judge (M.P./M.L.A) Court, Ghazipur.
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In the said changed circumstance, counsel for the petitioners states that the cause of action that was existing on the date of filing of the writ petition i.e. 20th December, 2021 no longer survives. He, therefore, prayed for and the Court granted permission to withdraw the writ petition.
“The writ petition is, accordingly, dismissed as withdrawn. It is, however, made clear that in case of any fresh cause of action, it would be open for the petitioners to file fresh writ petitions. This order will not come in the way of the petitioners in that situation”
-the order reads.