Sanjiv Nischal v. State & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1194/2024 SANJIV NISCHAL .....Petitioner Through:

Mr.

Tushar Thareja, Advocate with Petitioner in person.

versus STATE & ORS.

.....Respondent Through:

Mr.Sanjeev Bhandari, ASC for the State with Ms.Charu Sharma, Mr.Arjit Sharma, Mr.Vaibhav Vats and Mr.Nikunj Bindal, Advocates With SI Chetan Rana, PS Vasant Kunj, South

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJAN

O R D E R

% 23.09.2024 W.P.(CRL) 1194/2024 & CRL.M.A.

28678/2024 (for Directions) 1.

The present application is filed seeking urgent directions to the respondents to provide adequate police protection to the petitioner.

2.

It is undisputed that the police on a PCR call made by the petitioner found that four persons were present at the spot and were belligerently shouting towards the petitioner, disturbing the peace, and were also threatening the petitioner which led the police taking action under Section 107/151 of the CrPC. The said persons were also detained and released by the Court of Special Executive Magistrate.

3.

Status report filed by the State mentions that the inquiry was conducted which revealed that the petitioner had taken a loan amounting to ₹30 Crores from 30 to 35 different local financers 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 30/09/2024 at 12:55:51

and has defaulted. Some of the persons have been approaching the petitioner for the recovery of the said loan amount, however, it is undisputed that no person can take the law in his own hands. Certain WhatsApp chats placed at page 85 have been relied upon by the petitioner which have also been inquired into by the police where serious threats have been made to the petitioner. 4.

The learned Standing counsel for the State does not deny that no one can be allowed to make serious threats and commit any illegal act, even if, the same is with regard to recovery of money.

5.

It is submitted that the present petition would be treated as a representation and appropriate action will be taken, and if the same points towards allegations with regard to a cognizable offence, an FIR would be registered under appropriate sections. 6.

It is also submitted that the concerned beat officer would be sensitized and his mobile number would be provided to the petitioner and the petitioner would be at liberty to call the beat officer as and when he feels any threat to his life and liberty. It is further submitted that as and when any such call is received, prompt action would be taken.

7.

In view of the above, this Court does not consider it appropriate to keep the present petition pending. 8.

However, the petitioner is at liberty to approach this Court or the Trial Court in case any grievance remains in future. 9.

The application as well as the present petition stand disposed of.

10.

The date 27.11.2024, already fixed, stands cancelled. AMIT MAHAJAN, J SEPTEMBER 23, 2024/'SV 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 30/09/2024 at 12:55:51