Manisha And ANR v. State NCT Of Delhi And ORS

$~114 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 300/2024 MANISHA AND ANR ..... Petitioners Through:

Mr.Kartik Yadav, Mr.Vinay Duggal, Mr.Prabhash Malik, Advs.

versus STATE NCT OF DELHI AND ORS ..... Respondents Through:

Mr.Yasir Rauf Ansari, ASC (Crl.), Mr.Alok Sharma, Mr.Vasu Agarwal, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 29.01.2024 CRL.M.A. 2765/2024 (Exemption) 1.

Allowed, subject to all just exception.

W.P.(CRL) 300/2024 2.

This petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.'), seeking issuance of a direction to the respondent no.1 to provide necessary police protection/security to the life and liberty of the petitioners.

3.

It is stated that though the petitioner no.1 is married to the respondent no.3, but she is presently residing with the petitioner no.2 out of her own free will. Due to the above decision, the petitioners fear for their life and liberty at the hands of the respondent nos.3 to 8. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

The learned counsel for the respondent no.1, who appears on advance notice, submits that the family members of the petitioner no.1 have, in fact, filed a complaint regarding petitioner no.1 being missing. He further submits that the petitioners had earlier approached the Punjab & Haryana High Court for seeking a similar order, however, they did not appear before the said Court. He further submits that the whereabouts of the petitioners are not known. 5.

Issue notice.

6.

Notice is accepted by Mr.Yasir Rauf Ansari, the learned ASC for the respondent no.1.

7.

Both the petitioners are stated to be major and living together out of their free will. It is further alleged that the petitioner no. 1 was got married by her family members without her consent, however, this court need not detain itself with this submission for the purposes of the present petition. Even if there is a marital discord between the petitioner no. 1 and the respondent no. 3, and the petitioner no. 1 is staying with the petitioner no. 2 against the purported norms of the society and against the wishes of the family members of the petitioner no. 1 and the respondent no. 3, it would not denude the petitioners of their right to personal security.

8.

Keeping in view the above facts and circumstances, and the averments in the petition, it is directed that the petitioners shall disclose their current residential address to the learned counsel for the respondent no.1. Based on the said address, the respondent no.1 shall ensure that the telephone number of the SHO of the concerned Police Station is shared with the learned counsel for the petitioners. The SHO The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

shall also share with the petitioners the telephone number of the concerned Beat Constable. In the event any threat is perceived by the petitioners, they shall communicate the same to the concerned Beat Constable as well as to the SHO on the aforesaid numbers so provided, who shall take steps to provide security/protection to the petitioners.

9.

The petition is disposed of with the above direction. NAVIN CHAWLA, J JANUARY 29, 2024/Arya/am Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.