Anjali Transgender v. Gnct Of Delhi

$~88 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ANJALI TRANSGENDER ..... Petitioner Through:

Ms. Saakshi Garg, Adv.

versus GNCT OF DELHI ..... Respondent Through:

Mr. Sanjeev Bhandari, ASC (Crl.) with Ms. Anvita Bhandari, Mr. Kunal Mittal, Ms. Charu Sharma, Mr. Arijit Sharma and Mr. Vaibhav Vats, Advs.

SI Mohd. Intzar, PS I.P. Estate.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

% 24.05.2024 CRL.M.A. 15755/2024 Exemption allowed, subject to just exceptions. Application stands disposed of.

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 petitioner with the following prayers: "a) Issue a writ of mandamus or any other similar writ/ order/directing the respondent, to provide adequate safety to protect life and liberty of the petitioner who is a crucial witness of prosecution in FIR No. 77/2019 PS IP Estate and has been continuously receiving threats at the hands of the accused persons therein.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

b) Direct the respondent to inform the petitioner about the status of action taken, if any, on the representations dated 03.03.2024 and 27.03.2024 of the petitioner.

c) Direct the respondent to take appropriate steps in accordance with law ensuring that Shalu, Shanker and Arif @ Kale do not contact the petitioner in any manner, directly or indirectly through their aides and associates." 2.

Issue notice. Learned ASC for the State appears on advance notice and accepts notice.

3.

Learned counsel for the petitioner submits that petitioner is a witness in FIR No. 77/2019 under Section 302/307/120B/34 IPC read with Section 27/54/59 Arms Act registered at P.S. I.P. Estate and has been receiving threats. She further submits that similar threats were extended to another eye witness, wherein security was provided to her. 4.

Learned ASC for the State submits that FIR No. 167/2024 dated 20.05.2024 has already been lodged on the complaint of petitioner. Further assessment of threat perception shall be made by the DCP, South District and requisite steps for security shall be accordingly taken, in accordance with law. He further submits that phone number of the SHO/Beat Incharge shall also be shared with the petitioner.

5.

Taking the statement of learned ASC on record, DCP (South) is directed to assess the 'threat perception' and accordingly take steps for safety/security of the petitioner. Petitioner is further at liberty to place a request before the Witness Protection Committee, Central District, Tis Hazari Courts in relation to FIR No.77/2019. The application shall be considered by the Chairman, Witness Protection Committee within a period of ten days of the filing of the application. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Petition is accordingly disposed of. Pending applications, if any, also stands disposed of.

ANOOP KUMAR MENDIRATTA, J MAY 24, 2024/akc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.