Javed v. The State Gov. Of NCT Of Delhi & ORS.

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1443/2023 & CRL.M.A. 13652/2023 & CRL.M.A. 27434/2023 JAVED ..... Petitioner Through:

Mr. Maninder Jeet Singh, Advocate versus THE STATE GOV. OF NCT OF DELHI & ORS. .... Respondents Through:

Ms. Nandita Rao, ASC for the State with SI Bijender Singh, P.S. Jama Masjid and Mr. Jasraj Singh Chhabra, Advocate

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 04.01.2024 1.

The instant petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petitioner seeking grant of police protection to the petitioner.

2.

Learned counsel for petitioner states that petitioner is senior citizen, and has been running his scrap business since long back and he is also involved in sale and purchase of the old vehicles. It is stated that in the year 2015, the petitioner had got an FIR No. 15/2015 lodged at Police Station ACB (Anti-corruption Branch) under Section 7/13 POC Act and Sections 120B/34/201 of IPC which was later on converted as FIR No. 8/2015, P.S. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Vigilance against one Assistant Sub-Inspector and two Head Constables. It is stated that in the said case, the IO had filed a closure report without investigating the case properly, however, the learned Special Judge. Rouse Avenue Courts had directed the IO to re-investigate the case and file fresh report/chargesheet. It is the case of petitioner that due to aforesaid fact, the police officials are keeping enmity with the petitioner and have been pressurizing him through various modes for withdrawing the aforesaid case. It is further submitted that on 26.03.2023, at about 2/2.30 p.m, four persons had forcibly dragged the petitioner into a vehicle and had threatened him with dire consequences in case he failed to take back his case. It is also stated that in respect of the said incident, the petitioner had submitted a complaint at P.S Jama Masjid, however, no FIR was registered. In such facts and circumstances, it is prayed that present petition be allowed. 3.

Learned ASC for the State submits that a detailed enquiry was conducted on the complaint lodged by the petitioner at P.S. Jama Masjid and it was found that petitioner was taken for questioning by the UP Police on a secret information and after questioning, when he was not found involved in any crime, he was allowed to leave after recording his statement at the police station in good condition. It is further stated that petitioner is involved in 33 criminal cases of serious nature, and he was earlier provided contact details of the beat constable of his area. However, it is stated that he is not residing on the address mentioned in the Writ Petition and as per Police source, he is residing at House No.3415, 2nd Floor, Daryaganj, Delhi which falls under the jurisdiction of Police Station Darya Ganj. It is further stated that the petitioner was earlier residing at House No.B-351, Gali No.20, North Ganda, Bhajanpura, Delhi till 2021 and the petitioner changes his The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

address frequently without the notice of local police. 4.

The arguments addressed by learned counsel for the petitioner as well as learned ASC for respondent no. 1/State have been heard. 5.

Considering the aforesaid submissions made on behalf of both the parties and having gone through the material placed on record, and also in view of order dated 20.08.2015 passed by this Court, it is ordered that in case any complaint is received or is handed over to the concerned SHO, ACP/DCP or any other police officer by the petitioner herein and in case any cognizable offence is disclosed, appropriate action shall be taken as per law. 6.

Further, the phone numbers of the beat constable and the SHO concerned of local police station will also be provided to the petitioner, subject to verification of the address of petitioner. In case there is any threat to the life of the petitioner, the petitioner shall be provided with protection as per law.

7.

In view of the above, the present petition stands disposed of. 8.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 4, 2024/ns 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.