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High Court of DelhiW.P.(CRL)/1357/2020

Smt Farha & ANR. v. The State Of NCT Of Delhi & ORS.

2020-08-31Hon'Ble Mr. Justice Vibhu Bakhru3 pages

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1357/2020 SMT FARHA & ANR.

..... Petitioners Through:

Mr Saquib Arbab, Advocate.

versus THE STATE OF NCT OF DELHI & ORS.

..... Respondents Through:

Mr Avi Singh, ASC for State.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 31.08.2020 [Hearing held through video conferencing] CRL.M.A. 11945/2020 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 1357/2020 2.

The petitioners have filed the present petition, inter alia, praying that respondent nos. 1 to 3 be directed to provide police protection to the petitioner and their family members.

3.

Petitioner no.1 is the mother of petitioner no.2, who is a minor, and has filed the present petition on his behalf. Respondent no.4 is the husband of petitioner no.1 and respondent nos.5 to 9 are his family members. The petitioners apprehend harm at the hands of respondent nos.4 to 9. Petitioner no.1 states that she left her matrimonial home on 22.06.2020 as she was tormented by her husband and his family members. The petitioners also

filed a complaint before the CAW Cell, Nand Nagri, North East Delhi making several allegations against her husband and his family members. 4.

Petitioner no.1 states that she and her family members are under threat from various persons, who have approached them at the instance of respondent nos.4 to 9. She states that on 26.07.2020, the father of petitioner no.1 was surrounded in the market by certain unknown persons, who threatened to kill him and petitioner no.2 in case the complaints filed by petitioner no.1 with CAW were not withdrawn. She also alleges that he was also shown a firearm in order to instill fear in him. 5.

She states that there was another incident on 01.08.2020; certain unknown persons threatened petitioner no.1 and her father with a big dagger/knife. The learned counsel appearing for the petitioner further states that respondent nos.4 to 9 had joined CAW proceedings along with a large contingent of a number of other persons only with a view to intimidate and threaten petitioner no.1. He also states that if the CCTV footage of the proceedings before the CAW Cell are examined and it would establish that respondent nos.4 to 9 had come with a large contingent of other persons to create a rucus at the station and intimidate petitioner no.1. 6.

Mr Avi Singh, learned ASC appearing for the State submits that the complaints made by the petitioner no.1 are being examined. He also states that telephone numbers of the beat staff have been provided to petitioner no.1 in order, that she can contact them in case of any eventuality. He further assures this Court that the threat perception of the petitioners would be evaluated and if necessary, appropriate security would be provided to petitioner no.1 and her family members.

7.

In addition to the above, it is directed that SHO, PS Nand Nagri will

also examine the CCTV footage of the proceedings before the CAW Cell. If the allegations made by the petitioners are found to be correct, i.e., that respondent nos. 4 to 9 usually join the proceedings with a large number of unconnected persons to disrupt the proceedings and intimidate petitioner no.1, the SHO, Nand Nagri is also required to take such steps as necessary in accordance with law.

8.

The petition is disposed of with the aforesaid directions. VIBHU BAKHRU, J AUGUST 31, 2020 MK