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High Court of DelhiW.P.(CRL)/1414/2020

Tripti Singh v. The State

2020-09-07Hon'Ble Mr. Justice Vibhu Bakhru2 pages

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1414/2020 TRIPTI SINGH ..... Petitioner Through Mr Sanjeev Soni, Advocate.

versus THE STATE ..... Respondent Through Mr Rahul Mehra, Standing Counsel for State

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 07.09.2020 CRL. M. A. 12316/2020 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 1414/2020 2.

The petitioner has filed the present petition, inter alia, praying that directions be issued to the SHO (PS Nangloi) to register the FIR against the accused persons, pursuant to the complaint dated 09.07.2020. 3.

The petitioner alleges that property bearing No. 64-65, Nangloi Extension - III, New Delhi was trespassed into and certain movable items were stolen.

4.

The petitioner clearly has an alternate efficacious remedy by filing an application under Section 154(3) of the Cr.PC failing which under Section 156(3) of the Cr.PC. Although, it is contended that such applications are not being entertained due to the restricted functioning of the Courts; the said Signed By:DUSHYANT RAWAL Location:

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contention is erroneous, as such applications are being entertained, despite the restricted functioning of the Courts.

5.

The petitioner also pray that protection be afforded to her, in order to enable her to reside in her house securely and comfortably. 6.

In view of the above, this court considers it apposite to direct the concerned SHO (PS Nangloi) to take all necessary steps to ensure that the status quo regarding possession of the property in question is maintained and the same not disturbed forceably. The concerned SHO shall also evaluate the threat perception and take such steps for the protection of the petitioner, as he considers necessary. In the first instance, he shall provide the telephone number of the beat staff to the petitioner, in order to enable her contact them in case of any eventuality.

7.

In case of any controversy and regarding the current possession of the premises in question, the same would be referred to the concerned SDM, who shall examine the records and all relevant documents and take appropriate action.

8.

It is clarified that this is without prejudice to all the rights and contentions of the parties, including their rights and contentions currently being agitated before the other courts.

9.

The petition is disposed of with the aforesaid directions. VIBHU BAKHRU, J SEPTEMBER 7, 2020 pkv Signed By:DUSHYANT RAWAL Location:

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