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High Court of DelhiW.P.(CRL)/1077/2020

Shanno v. Government Of NCT Of Delhi & ORS.

2020-07-17Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~5 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1077/2020 SHANNO ..... Petitioner Through:

Mr Mehmood Pracha, Advocate.

versus GOVERNMENT OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr R.S. Kundu, ASC for State.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.07.2020 [Hearing held through videoconferencing] CRL.M.A. Nos. 9418, 9419 & 9420/2020 1.

Exemptions are allowed, subject to all just exceptions. 2.

The applications are disposed of.

W.P.(CRL) 1077/2020 3.

The petitioner has filed the present petition, inter alia, praying that direction be issued to respondent no.4 to register an FIR on the complaints filed by the petitioner.

4.

Mr Pracha, learned counsel appearing for the petitioner has drawn the attention of this Court to two complaints: one dated 18.04.2020 and the other dated 01.07.2020. He states that both the complaints disclose commission of a cognizable offence and also mentions the names of persons accused for committing the same. However, no FIR has been registered as yet. He has also drawn the attention of this Court to certain photographs which are of a child (stated to be petitioner's grandson) who has suffered gruesome injuries. He submits that the petitioner fears for her life and life of

her family. He earnestly contends that in the given circumstances, direction should be given to the concerned police authorities to provide necessary protection to petitioner and her family.

5.

Insofar as the direction for registration of the FIR is concerned, the petitioner has an alternate remedy of filing an application under Section 156(3) of the Cr.PC in the event she is aggrieved for non-registration of the FIR.

6.

The Courts have resumed functioning and this Court is informed that such applications under Section 156(3) of the Cr.PC are being entertained. In this regard, this Court considers it apposite to direct that in the event the petitioner files such an application, the same would be considered by the concerned Magistrate as expeditiously as possible. 7.

Insofar as the petitioner's prayer for protection is concerned, this court considers it apposite to direct the petitioner to appear before respondent no.3 on 18.07.2020 at 10:30 am. Respondent no.3 shall evaluate the threat perception and provide such security to the petitioner and her family as he considers warranted.

8.

The petition is disposed of with the aforesaid directions. VIBHU BAKHRU, J JULY 17, 2020 RK