2023 Ghaziabad Advocate Murder | 'Provide Security To Wife If She Applies Under Witness Protection Scheme': High Court To UP Govt

A bench of Justice Nand Prabha Shukla passed this order while disposing of the plea of Kavita Chaudhary (wife of the deceased advocate) seeking transfer of Trial if the Murder case pending in the Court of Additional Sessions Judge, Ghaziabad, to be transferred to any other competent Court at Aligarh.

It was her primary case that respondents nos. 2 and 3 (both accused in the case) are practising Advocates, and the applicant, being a poor widow, is under their threat perception and unable to procure any competent Lawyer to contest her case.

The bench was informed that the opposite party, no. 2 Nitin Dagar, had extended threats from the jail and co-accused opposite party no.3 Amit Dagar and opposite party no. 4 Anuj @ Palu have extended threats from outside the prison.

It was also asserted that the applicant, being a poor widow, is staying in Aligarh along with her father, Vijay Singh and her brother, Dinesh Singh, who is an eyewitness account in the said Sessions Trial and that she is apprehensive about their life and limb and has even approached the police authorities to provide them with the security guards.

The Court called for a report from the concerned Presiding Officer (dated January 30, 2025) endorsed by District Judge Ghaziabad, reporting that adequate security is being provided to the applicant, who already has been examined as P.W.1.

The officer concerned further ensured that the witnesses would be provided security during the recording of their evidence.

In view of this, noting that the trial is at the stage of evidence and the applicant/informant has been provided adequate security at the time of the recording of the evidence as PW-1, the Court observed that the applicant did not bring on record any real apprehension of threat from the respondents accused.

However, considering the convenience of the parties and in the interest of justice, the court directed that if the applicant/first informant or any witnesses approach the concerned authorities with an application seeking protection under the Witness Protection Scheme, 2018—following the guidelines set by the Hon'ble Supreme Court in Mahendra Chawla and Others vs. Union of India and Others (2019)—the authorities must ensure adequate security for the applicant and witnesses until the conclusion of the trial, to ensure a free and fair process.

With the aforesaid directions, the application was disposed of.

Case title - Kavita Chaudhary vs. State Of U.P. And 3 Others 2025 LiveLaw (AB) 63

Case citation: 2025 LiveLaw (AB) 63

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