Abdul Mannan v. The State (Govt Of NCT Of Delhi) & ORS.
$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1918/2023 & CRL.M.A. 17732/2023 ABDUL MANNAN .....Petitioner Through:
Mr. I. Ahmed, Ms. Sana Ansari, Advocates along with Petitioner in person versus THE STATE (GOVT OF NCT OF DELHI) & ORS. .....Respondents Through:
Mr. Anand V. Khatri, ASC (Crl.) for the State along with S.I. Hemant, PS Jafrabad
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 09.01.2025 1.
The Petitioner alleges that on 21st June, 2023 in the intervening night, the Petitioner was in his house along with his nephew, namely, Mr. Maulana Mehmood-ul-Hasan, Mr. Ahmad Hussain and one Mohd. Imdadullah @ Danish who is the neighbour of the Petitioner. Mohd Imdadullah went towards the main street around 2:50 AM and found that one white colour Wagon-R having Haryana Registration Number parked at the corner of the gali and four unknown persons were sitting in the said car. 2.
At around 3:04 AM, Mohd. Imdadullah went to the side gate of the Petitioner's house and found one of the aforesaid unknown persons roaming near the Petitioner's house of the Petitioner and started taking Jaiza and examining the situation.
3.
During the intervening period, the said person took out a weapon like The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
a revolver/pistol and loaded the same. Mohd. Imdadullah immediately closed the door of the side gate and narrated the incident to the Petitioner. The Petitioner contends that there are cameras installed at his house and after seeing the footage of the CCTV cameras, the episode narrated by Mohd. Imdadullah was corroborated.
4.
On the basis of this incident, the Petitioner submitted complaints/representations dated 24th June, 2023 and 26th June, 2023 to the Commissioner of Police, Police Head Quarters, Jai Singh Road and requested for appropriate action to be taken against the people in the footage. However, no action has been taken on the Petitioner's complaint. 5.
In the above background, the Petitioner seeks the following prayers: "(i) for issuance of writ of order/direction in a nature of writ of mandamus thereby directing the respondents to ensure the safety i.e. life and liberty of the petitioner at the hands of the above said miscreants and further to investigate the complaint/representation made by the petitioner on dated 24.06.2023 and 26.06.2023 and also to preserve the footage of the incidents recorded /captured in the CCTV cameras installed on the main road i.e. on the pole just opposite/in-front of the house of the petitioner for just, fair and effective impartial inquiry/ investigation;
(ii) Any further appropriate writ/order/ directions be also passed in favour of the petitioner and against the respondents as this Hon'ble Court deems fit and proper in the facts and circumstances of the case in the interest of justice."
6.
As per the status report filed by the Police, it is stated that no PCR call was made by the Petitioner regarding the alleged incident. As regards the CCTV footage is concerned, notice was sent to the In-charge CCTV Cell, North-East District, Delhi. In response it has been stated that as per records, all CCTV cameras in the area of P.S. Jafrabad that were installed under the MP Lad Fund Project, are not in working condition. Even on the day when the alleged incident occurred, the CCTV Cameras were not working, hence, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
no CCTV footage is available.
7.
In light of the foregoing, the prayer of the Petitioner to preserve the CCTV footage cannot be allowed. As regards the Petitioner's representation for providing adequate security to the Petitioner, it is directed that SHO of the concerned Police Station shall provide adequate protection to the Petitioner. Further, the beat constable of the concerned area shall be sensitized in this behalf and the telephone numbers of the concerned Police Station as well as of the beat constable shall also be provided to the Petitioner in order to enable him to contact the officers, in the event of any threat or apprehension.
8.
In the event, the Petitioner is aggrieved of the fact that no FIR is registered on the complaints made by the Petitioner, he shall be at liberty to take appropriate procedure before the concerned Court, in accordance with law.
9.
With the above directions, the present petition, along with pending application, is disposed of.
SANJEEV NARULA, J JANUARY 9, 2025/ab The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.