Devender Bhateja v. State & ORS.

$~56 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2362/2019 DEVENDER BHATEJA ..... Petitioner Through:

Ms Kavita Agrawal, Advocate.

versus STATE & ORS.

..... Respondents Through:

Mr Rahul Mehra, Standing Counsel (Criminal) with Mr Jamal and Mr Annad Thumbayil, Advocates for State.

ASI, Brij Mohan, PS Vijay Vihar.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 26.08.2019 1.

The petitioner has filed the present petition, inter alia, praying that directions be issued to respondent no.1 to protect the life of the petitioner and his family from the hands of respondent nos.2 (SHO, PS Vijay Vihar), 3 (IO Brij Mohan, PS Vijay Vihar) and 6 (Ms Kumud). The petitioner claims that he has made repeated complaints, but the police authorities are not registering an FIR. On the contrary, the concerned police authorities (respondent nos. 2 and 3) are threatening the petitioner and pressurising him to withdraw the complaint.

2.

The petitioner is a senior citizen aged 68 years and respondent no. 6 is his daughter-in-law.

3.

Insofar as the petitioner's claim that he has been repeatedly making

complaints to the respondent authorities but they are not registering an FIR is concerned; this Court is not inclined to entertain the present petition. In case an FIR has not been registered, the petitioner has a remedy by approaching the concerned court under Section 156(3) of the Code of Criminal Procedure, 1973. Insofar as the petitioner's apprehension regarding his safety and security is concerned, the petitioner as a senior citizen has an efficacious remedy by approaching the concerned authorities under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the rules made thereunder.

4.

The petition is dismissed with the above observations. It is clarified that all rights and contentions of the petitioner are reserved. VIBHU BAKHRU, J AUGUST 26, 2019 MK