Master Subhan And Another v. The State Gnct Of Delhi And Others

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1340/2020 MASTER SUBHAN AND ANOTHER ..... Petitioners Through:

Mr Dhan Mohan, Advocate.

versus THE STATE GNCT OF DELHI AND OTHERS ..... Respondent Through:

Ms Kamna Vohra, ASC for State.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 28.08.2020 [Hearing held through video conferencing] CRL.M.A. 11799/2020 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 1340/2020 2.

The petitioners have filed the present petition, inter alia, praying that directions be issued to the respondent nos. 1 and 2 to grant protection to the petitioners and their family members. The petitioners apprehend harm at the hands of respondent nos.3 to 10.

3.

The petitioners further claim that directions be issued to respondent nos.1 and 2 for registration of the FIR in respect of the sudden death of the daughter of petitioner no.2 on 07.03.2020. According to petitioner no.2, respondent nos.3 to 10 are responsible for her death. 4.

Mr Mohan, learned counsel appearing for the petitioners submits that Signed By:DUSHYANT RAWAL Location:

22:04:58

petitioner no.2 had adopted petitioner no.1. Respondent no.3 had forcefully entered into the house of petitioner no.2 to take him from the custody of petitioner no.2 and also to harm him.

5.

Insofar as the petitioners' prayer for seeking protection is concerned, this Court considers it apposite to direct petitioner no.2 to appear before the concerned SHO (PS Sadar Bazar). The SHO shall consider the petitioners' complainant and evaluate the threat perception and take such steps as he considers necessary to ensure that the petitioners are not harmed in any manner. In the first instance, he shall provide him telephone numbers of the beat staff in order to enable the petitioners to contact them in case of any eventuality.

6.

Insofar as the petitioners' prayer for registration of the FIR in respect of the death of the daughter of petitioner no.2 is concerned, petitioner no.2 has an efficacious remedy, therefore, this Court does not consider it apposite to issue any such directions. However, since it is stated that a complaint has already been made, the concerned SHO (PS Chandni Mahal) is directed to investigate the same and take such steps as are warranted in accordance with law.

7.

The petition is disposed of with the aforesaid observations. 8.

All rights and contentions of the parties including the right of petitioner no.2 to avail appropriate remedies to seek registration of an FIR, are reserved.

VIBHU BAKHRU, J AUGUST 28, 2020/MK Signed By:DUSHYANT RAWAL Location:

22:04:58