Smt Santo v. Sho And ORS
$~94 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 264/2025 SMT SANTO .....Petitioner Through:
Mr. Sunil Satyarthi, Ms. Amita Saxena and Ms. A. Satyarthi, Advocates versus SHO AND ORS .....Respondent Through:
Mr. Farman Ali, Advocate for Delhi Police (Through VC)
CORAM:
HON'BLE MR. JUSTICE MANOJ JAIN
O R D E R
% 20.02.2025 CM APPL. 10427/2025 (exemption) Exemption allowed, subject to all just exceptions. CONT.CAS(C) 264/2025 1.
Petitioner seeks initiation of contempt proceedings for wilful disobedience of specific directions contained in 19.11.2018 passed by learned Co-ordinate Bench of this Court in W.P. (C) No. 3529/2018. 2.
Petitioner had knocked the door of this Court seeking protection against her sons who had been harassing and ill-treating her. According to petitioner, she had bequeathed her property in favour of her daughters and that was the reason as to why her sons were against her. 3.
After hearing her grievances, this Court, in order to provide her with protection, directed concerned SHO to provide three telephone numbers of the concerned police officers including one lady police officer so that in case of any exigency, petitioner can contact them. There was also a direction that CONT.CAS(C) 264/2025 1 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
concerned Beat Constable/Division Staff shall regularly visit her residence on daily-basis.
4.
Learned counsel for the State had also made statement before the Court at that time that the concerned SHO shall sensitize such sons that they had no right to interfere in her life.
5.
The above writ petition was accordingly disposed of with the aforesaid directions on 19.11.2018.
6.
According to petitioner, she was hospitalized in the months of December, 2024 and January, 2025 and in her absence, respondent nos. 3 & 4 have trespassed into her property. She also claims that she has been beaten up and thrown out of her own house.
7.
It is in the aforesaid factual backdrop that present contempt petition has been filed seeking initiation of contempt proceedings against the concerned police officers and her such son and daughter-in-law (respondent nos. 3 & 4). 8.
Even if the petitioner is believed, it seems that taking advantage of her absence, on account of her alleged hospitalization, her son and daughter-in-law have trespassed into her property and learned counsel for petitioner does admit that appropriate remedy might be to pursue criminal complaint, which she has already lodged with the concerned SHO and ACP and, if required, to file a suit for possession. 9.
During course of arguments, learned counsel for petitioner submitted that petitioner had already sent a written complaint dated 04.02.2025 to SHO, PS Khayala but no action seems to have been taken by the police with respect to her such complaint.
10.
According to him, no FIR has, even, been registered so far. 11.
Mr. Farman Ali, Advocate appears on advance notice and assures that CONT.CAS(C) 264/2025 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
appropriate action, in accordance with law, would be taken on the basis of such complaint, without any further delay.
12.
Learned counsel for petitioner submits that in view of the aforesaid assurance, he does not press his present contempt petition and withdraws the same without prejudice to his rights and contentions and while reserving rights to take other legal steps, as might be permissible under law. 13.
Petition stands disposed of accordingly.
14.
Needless to say, as per the aforesaid assurance given by Mr. Ali, the concerned SHO shall take appropriate action without any further delay. 15.
A copy of this order be also sent to concerned SHO for his information and due compliance.
MANOJ JAIN, J FEBRUARY 20, 2025/dr CONT.CAS(C) 264/2025 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.