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High Court of DelhiW.P.(CRL)/1173/2024

Nivedita Magon v. State NCT Of Delhi And ORS.

2024-04-16Hon'Ble Mr. Justice Amit Mahajan2 pages

$~69 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1173/2024 NIVEDITA MAGON ..... Petitioner Through:

Ms. Alka Singh, Mr. Dev Pratap Singh, Mr. Godson, Mr. Mohd Sameen, Mr.

Shivam Sharma, Ms.

Varsha, Ms. Neetu, Ms.

Anuradha, Ms. Rajni, Ms.

Nisha, Ms. Anita, Ms.

Sabiha, Ms. Kavita, Ms.

Vinita, Mr. Praveen, Mr.

Roshan Bajaj & Mr.

Shahid Raza, Advs. with petitioner (through VC) versus STATE NCT OF DELHI AND ORS.

..... Respondent Through:

Mr. Y.R. Ansari, ASC for the State with Mr. Alok Sharma & Mr.

Vasu Agarwal, Advs.

SI Sudhir Rathi, PSBurari Inspector Rambir Sharma, PS- Mandawli

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 16.04.2024 CRL.M.A. 11331/2024 (for exemption) 1.

Exemptions allowed, subject to all just exceptions. 2.

The application stands disposed of.

W.P.(CRL) 1173/2024 3.

The present petition is filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('CrPC') seeking protection of the petitioner.

4.

The learned counsel for the petitioner submits that the petitioner is a senior citizen and has been harassed by The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2024 at 12:25:36

Respondent Nos. 4 to 7 and their associates who illegally trespassed into second and third floor of the property bearing no. A-44, Ganesh Nagar, Pandav Nagar Complex, Opposite Hanuman Mandir, Delhi- 110092.

5.

The learned Additional Standing Counsel ('ASC') for the State, at the outset, submits that the petitioner has already filed an application under Section 156(3) of the CrPC before the learned Trial Court for registration of FIR. He submits that the preliminary inquiry suggests that the dispute is in relation to the properties, however, if the petitioner feels any threat to her life or liberty, she is at liberty to approach the beat officer as well as the concerned SHO whose number can be provided to the learned counsel for the petitioner.

6.

The learned counsel for the petitioner submits that the SHO, the beat officer and other officers at the concerned Police Station are hand in glove with the respondent accused. 7.

The learned ASC submits that, since the petitioner is a senior citizen, one beat officer will also be sensitised to visit the house of the petitioner every evening.

8.

In view of the undertaking by the State that the concerned beat officer would be sensitised and directed to visit the house of the petitioner every evening, no orders are required to be passed in the present petition at this stage.

9.

The petitioner is, however, at liberty to approach the learned Trial Court or this Court in case any grievance remains. 10.

The petition stands disposed of in the aforesaid terms. AMIT MAHAJAN, J APRIL 16, 2024/"SS"

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/04/2024 at 12:25:36