Ms. X & ANR. v. State (Govt Of NCT Of Delhi) And Others

$~50 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 386/2022 MS. X & ANR.

.....Petitioners Through:

None.

versus STATE (GOVT OF NCT OF DELHI) AND OTHERS..Respondents Through:

Ms. Rupali Bandhopadhya, ASC for State with Mr. Abhijeet Kumar, Advocate with SI Annu, P.S.Neb Sarai.

Mr. Anil Sharma, Mr. Jayant Mudgal and Mr. Hardik Aggarwal, Advocates for R-2.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 22.04.2025 1.

Writ Petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C has been filed on behalf of the Petitioner for directing Respondent Nos.1 to 5 to give her protection and to hold a vigilance inquiry against the conduct of Respondent No.2 and the Investigating Officer and to transfer the Complaint to another Investigating Agency for registration of FIR and for payment of compensation to the Petitioners.

2.

It is submitted in the Petition that on 25.09.2021 at about 7 PM when the Petitioners were standing at Gate No.2, Sainik Farm, Cariappa Marg, Respondent No.6 who is the father of Petitioner came on a black bullet along with 4-5 unknown persons, who blocked The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Petitioner No.2, Arun Malhotra and pushed him by his hair. Respondent No.6 pulled the T-shirt of Petitioner No.1 and tore it from the side. She was intimidated by the threats of dire consequences extended by Respondent No.6, threatening her to take back her Complaint.

3.

It is further asserted that on 26.09.2021 and 27.09.2021, the unknown persons who had earlier come along with Respondent No.6 on 25.09.2021, were spotted outside her residence. Because of the continuous threats and attacks by Respondent Nos.6 & 7, she made a Complaint dated 27.09.2021 to SHO Neb Sarai.

4.

No FIR was registered, compelling the Petitioners to file a Complaint under Section 200 read with Section 156(3) Cr.P.C for registration of the FIR.

5.

It is further asserted that on 10.02.2022 at around 5.45 PM near Anupam Garden, while Petitioner No.1 along with her younger brother Ansh Gandhi, was returning from Gym to the residence of their mama in a Three Wheeler Scooter, they were attacked by two unknown persons wearing black helmets, on a bike. As the Petitioner and her brother stopped to get out of the Autorickshaw, these unknown persons threatened her again to take back all her Complaints against Respondent Nos.6 & 7.

6.

It is asserted that such threats are being continued to be extended on behalf of Respondent Nos.6 & 7 leaving her in trauma and is scared even to approach the Police for protection. Hence, the present Petition has been filed for seeking protection of her life, limb and liberty and also for registration of FIR. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

7.

Learned counsel on behalf of Respondent No.6 has submitted that this was a Complaint made way back in 2021 on account of a discord between the Petitioner No.1 and Respondent No.6, his father on account of inter-faith relationship of Petitioner No.1 with one person. It is submitted that the Respondent No.6 is in judicial custody since October, 2024. There is no eminent threat to the Petitioners and the present Petition may be disposed of.

8.

Learned counsel on behalf of Respondent Nos.1 to 5 submits that the prayer for protection has been addressed vide Order dated 12.04.2022 by this Court. Nothing more survives in the Petition which may accordingly be disposed of.

9.

Submissions heard and record perused.

10.

The Petitioners have sought protection to their life and liberty from Respondent Nos.6 and 7 and has narrated incidence when she believed that she was attacked by Respondent No.6 and 7 along with some unknown persons.

11.

This Court in its Order dated 12.04.2022 had observed that essentially the threat and the apprehension of the Petitioners relates to FIR No.590/2021 under Sections 353/354D/508 IPC, P.S.Ambedkar Nagar. It had been informed that the trial is going on in the said case and the statement of the Complainant has been concluded. Furthermore, it was observed in Order dated 12.04.2022 if the Petitioner as a witness, has any apprehension or threat to her life, she may approach District Witness Protection Committee of the concerned Court complex to seek the requisite directions for ensuring her safety and security.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

In the Petition, there are specific averments made about there being a persistent threat from Respondent Nos.6 & 7. In the circumstances, the SHO of the concerned Police Station where the Petitioners are residing, is directed to share his mobile number and that of the Beat Constable to ensure the safety and liberty of the Petitioners.

13.

In so far as direction for registration of FIR is concerned, the Petitioners have already taken the appropriate steps by moving a Complaint under Section 200 Cr.P.C. No further directions are merited in the given circumstances.

14.

The Petition is accordingly disposed of.

NEENA BANSAL KRISHNA, J APRIL 22, 2025 rk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.