Usman Khan v. The State NCT Of Dehi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3209/2019 USMAN KHAN ..... Petitioner Through:

Mr C. M. Grover, Advocate.

versus THE STATE NCT OF DEHI & ORS ..... Respondents Through:

Mr Ranbir Singh Kundu, ASC (Crl.) for State with Mr Shivom Soharon, Mr Hitesh Vali and Ms Suman Saharon, Advocates with SI Pushpender, PS Geeta Colony.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 18.11.2019 1.

The petitioner has filed the present petition, inter alia, praying that directions be issued to respondent nos.1 and 2 to provide safety, security and protection to the petitioner.

2.

The petitioner states that he is a senior citizen and is apprehensive about his safety at the hands of respondent nos.4 to 7 (who are his sons and daughters-in-law).

3.

The petitioner states that he and his wife had made a complaint before the District Magistrate under the Delhi Maintenance and Welfare of Parents and Senior Citizen Rules, 2009 for evicting respondent nos.4 to 7 from their property.

It is stated that at the material time the property in question belonged to the petitioner's wife.

She has since expired.

The petitioner claims that he is now entitled to the said property as the same had been gifted by his wife to him prior to her demise. 4.

It is contended that in the given facts, respondent nos.4 to 7 are hostile

to the petitioner and he is apprehensive about his safety. 5.

This Court is not inclined to examine any dispute relating to the title of any property in this petition.

The petitioner also has an efficacious remedy of approaching the District Magistrate under the provisions of the Delhi Maintenance and Welfare of Parents and Senior Citizen Rules, 2009. The petitioner's prayer in the present petition is limited to seeking protection from the police authorities.

6.

Given the fact that the petitioner is a senior citizen, this Court directs respondent no.3 (SHO, PS Geeta Colony) to ensure that the petitioner is provided such protection within his jurisdiction as the SHO considers necessary. The SHO shall also provide the telephone number of the beat staff/police official who can be contacted by the petitioner in case of any eventuality.

7.

Needless to state that if a complaint is filed by the petitioner, the same would be processed accordance with law.

8.

It is clarified that this Court has not examined any of the claims made by the petitioner with regard to title or possession of any property. Nothing stated in this order should be construed as an expression of opinion (prima facie or otherwise) with regard to any disputes between the petitioner and respondents.

The present petition is confined only to ensure that the petitioner is not brought any physical harm.

9.

The petition is disposed of.

10.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J NOVEMBER 18, 2019/MK