Mohd.Shami & ORS. v. The State & ORS.

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1415/2020 MOHD.SHAMI & ORS.

..... Petitioner Through Mr Rama Shankar, Advocate.

versus THE STATE & ORS.

..... Respondents Through Mr Avi singh, ASC for State

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 07.09.2020 CRL. M. A. 12317/2020 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 1415/2020 2.

The petitioners have filed the present petition, inter alia, praying that directions be issued to the SHO (PS Chandni Mahal) to provide protection to the petitioners and their family members against respondent Nos. 3 and 4. 3.

The petitioners allege that respondent no.3 and 4 had trespassed into their house on 05.08.2020. They were armed with revolvers and knives and had demanded a sum of ₹1,20,00,000/- out of which ₹70,00,000/- was to be paid to respondent no.4 and ₹50,00,000/- was to be paid to respondent no.3. It is alleged that they also threatened the petitioners and their family members that they would be massacred in case the said amount was not paid.

4.

It is alleged that on the next date, that is 06.08.2020, the petitioners had approached the concerned police officials at PS Chandni Mahal, Darya Ganj and had narrated the entire incident. However, despite assurances no action was taken. It is stated that thereafter, on 20.08.2020, the petitioners lodged a formal complaint seeking protection from the respondents. 5.

It is in the aforesaid backdrop the petitioners now pray that directions be issued to respondent no.2 to provide protection to the petitioners and their family members.

6.

Mr Avi singh, learned ASC states that although it is alleged that the incident had taken place on 05.08.2020, no PCR call had been made and no complaint had been filed at the material time. He states that the complaint in this regard was received for the first time on 26.08.2020, albeit it was dated 20.08.2020. He states that thereafter the concerned police officials made efforts to make the necessary inquiries but the petitioners have not come forward for recording their statements and are not co-operating with the concerned officials. He further states that if the petitioners appear before the concerned SHO, necessary inquiries would be made. The contact numbers of the beat staff would be provided to them, in order to enable them to contact the police officials in case of any emergency. 7.

In view of the above, this Court considers it apposite to direct the petitioners to appear before the SHO (PS Chandni Mahal) at 10.30 a.m. on 08.09.2020. The concerned police officials shall make the necessary inquiries in regard to the complaint made by the petitioners and take such steps as are necessary, in accordance with the law. The concerned SHO shall also evaluate the threat perception and provide the petitioners such protection as he considers necessary.

8.

The petition is disposed of with the aforesaid directions. VIBHU BAKHRU, J SEPTEMBER 7, 2020 pkv