Mrs. X & ANR. v. State Govt. Of NCT Of Delhi & ORS.
$~72 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL.) 1496/2024, CRL.M.A. 14575/2024 MRS. X & ANR.
..... Petitioners Through:
Mr. Dibyanshu Pandey and Mr. Naksh Tiwari, Advs.
versus STATE GOVT. OF NCT DELHI & ORS.
..... Respondents Through:
Mr. Yasir Rauf Ansari, ASC (Crl.) for State with Mr. Alok Sharma and Mr.
Vasu Agarwal, Advs.
SI Vivek Singh, PS Sarojini Nagar.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
O R D E R
% 10.05.2024 1.
Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been preferred on behalf of the petitioners with the following prayers: "i. To issue a writ or writs in the nature of mandamus directing the Respondent No. 1-3 to register First Information Report (FIR) against the accused persons under relevant sections of The Protection Of Children From Sexual Offences Act, 2012, The Indian Penal Code, 1860, and The lnformation Technology Act, 2000, in the interest of justice." 2.
Issue notice. Learned ASC for the State appears on advance notice and accepts notice.
3.
Learned counsel for the petitioners submits that a written complaint via India Post was forwarded to the Commissioner of Police on 04.05.2024 as well through e-mail on 05.05.2024, but the FIR is yet to be registered. W.P.(CRL) 1496/2024 Page 1 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 11:54:42
4.
Learned ASC vehemently opposes the petition and submits that the present proceedings for registration of FIR are not maintainable since no complaint has been received at PS: Sarojini Nagar till date. He further states that in case a copy of the complaint is filed with PS: Sarojini Nagar, it shall be looked into in accordance with law, and outcome of the same shall be communicated to the petitioner. Further, phone number of the Beat Officer/SHO concerned shall also be shared with the petitioners, in view of concerns expressed by learned counsel for petitioners. 5.
Considering the facts and circumstances, learned counsel for the petitioners may file the complaint with the concerned Police Station before 04:00 PM today for consideration, in accordance with law. Further, looking into the concerns expressed by learned counsel for petitioners, the phone number of Beat Incharge / SHO, shall be shared with petitioners and further steps, if any required, shall be taken.
Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.
ANOOP KUMAR MENDIRATTA, J MAY 10, 2024/akc W.P.(CRL) 1496/2024 Page 2 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/05/2024 at 11:54:42