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High Court of DelhiW.P.(CRL)/3463/2019

Rima Kumari @ Shilpi v. State (NCT Of Delhi) & ORS

2020-02-12Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~53 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3463/2019 RIMA KUMARI @ SHILPI ..... Petitioner Through:

Counsel (appearance not given).

versus STATE (NCT OF DELHI) & ORS ..... Respondents Through:

Mr Avi Singh, ASC for State.

ASI Sunil, PS Saket.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 12.02.2020 1.

The petitioner has filed the present petition, inter alia, praying that respondent no.2 (State of Bihar) be directed to provide adequate security to the petitioner's minor sister. It is alleged that respondent nos. 3 and 4 - who are accused of attacking the petitioner - are also residing in the Bihar. 2.

The petitioner is an acid attack victim and is currently residing in Delhi. The alleged offence was committed in the Bihar and an FIR - FIR no. 10/2018 under section 323/341/447/326A IPC was registered with PS Puranhiya and the matter is pending trial. The petitioner has filed the present petition, inter alia, seeking security for her younger sister, who is not a party to the present petition and is stated to be residing in Bihar. 3.

The Deputy Superintendent of Police (Headquarter), District Chapra, has filed an affidavit on behalf of respondent no.2. He has, inter alia, affirmed that the mother of the petitioner along with her younger sister

resides in Dhaka Sub-Division of East Champaran, District Motihari and the SHO, PS Puranhiya had contacted her and has assured her all security if they wish to reside in village Basantpatti (which is within the jurisdiction of PS Puranhiya).

4.

In view of the aforesaid statement and in view of the fact that (a) the alleged offence was committed in the State of Bihar; (b) the trial with regard to the acid attack is pending in the concerned court in the State of Bihar; and (c) that the petitioner's sister who seeks security is also resident of Bihar, this Court does not consider it apposite to entertain the present petition. 5.

However, the statement made on the affidavit filed by respondent no.2 that the SHO, PS Puranhiya would offer all security to the petitioner's mother and her younger sister is taken on record. It is expected that the SHO of the concerned police station where the petitioner's mother and sister are currently residing would also ensure necessary protection to the concerned persons.

6.

The petitioner's mother is also not precluded from approaching the concerned court for seeking any further relief which may be required. 7.

The petition is disposed of with the aforesaid observations. VIBHU BAKHRU, J FEBRUARY 12, 2020 RK