Richa Sharma v. State NCT Of Delhi & ORS.

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1067/2020 & CRL.M.A. 9262/2020 RICHA SHARMA ..... Petitioner Through:

Mr Ram Kishor Singh Yadav, Advocate.

versus STATE NCT OF DELHI & ORS.

..... Respondents Through:

Mr Ranbir Singh Kundu, ASC for State.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 15.07.2020 [Hearing held through video conferencing] 1.

The petitioner has filed the present petition, inter alia, praying as under:- "(a) issue appropriate writ order or directions in the nature of mandamus directing the respondent No.1 and 2 to secure the personal life and liberty of the petitioner from respondent no.3 to 5 and to provide her police protection to rule out any possibility of physical harm to her from the said respondents.

(b) issue appropriate writ order or directions in the nature of mandamus directing a departmental inquiry against the respondent No.3 for misusing his powers and for unnecessary and unlawfully threatening and calling the colleagues of the petitioner of their false implications in serious case for allegedly providing the shelter to the

petitioner inspite of being aware of the true facts of the case.

(c) issue appropriate writ order or directions in the nature of mandamus directing the respondent No.4 and 5 to allow the petitioner to take belongings from their houses and the petitioner be also provided the police protection at the time of visiting the house of respondent No.4 and 5 for the said purpose to rule out any possibility of physical harms from their hands." 2.

Mr Yadav, learned counsel appearing for the petitioner states that the petitioner has left her paternal household as well as the company of her husband (respondent no.5). He states that although she has done so of her free will, the police officials are harassing her at the instance of her father and husband (respondent nos.4 and 5).

3.

He further prays that she has left the premises of respondent nos.4 and 5 without taking any of her belongings and she also requires to recover the same.

4.

Mr Kundu, learned ASC appearing for the State submits that the petitioner was called to the police station for inquiries since a missing person's report was filed by her father (respondent no.4). He states that yesterday the petitioner's father had reported that he was in touch with the petitioner and did not wish to pursue his complaint. Accordingly, the said complaint has been closed and no further inquiries are being made. 5.

He further states that the petitioner is not residing within the jurisdiction of PS Paharganj, Delhi (where the complaint was made). 6.

The learned counsel appearing for the petitioner states that although the complaint is stated to have been closed, the petitioner fears for her life from respondent nos.4 and 5. He also points out that the petitioner requires

to recover her belongings. He states that the petitioner is currently residing within the jurisdiction of PS New Ashok Nagar. 7.

In view of the above, this Court considers it apposite to direct the petitioner to appear before the SHO, New Ashok Nagar. He shall evaluate the threat perception and provide such protection as he considers necessary. He shall also provide her the mobile number(s) of the beat staff in order to enable her to contact them in case of any eventuality. 8.

Insofar as the petitioner's belongings are concerned, the SHO New Ashok Nagar shall render necessary assistance to the petitioner to recover her belongings from the possession of respondent no. 4 provided that there is no dispute that the items sought to be recovered belong to her. 9.

No further orders are required to be passed in this petition. The same is disposed of.

10.

A copy of this order be communicated electronically to the SHO, PS New Ashok Nagar.

VIBHU BAKHRU, J JULY 15, 2020 MK