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High Court of DelhiW.P.(CRL)/1837/2024

Akash & ORS. v. State NCT Of Delhi Through Its Sho Ps Narela & ORS.

2024-05-31Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1837/2024 AKASH & ORS.

..... Petitioners Through: Dr.M K Gahlaut and Ms.Himanshi Gahlaut, Advocates versus STATE NCT OF DELHI THROUGH ITS SHO PS NARELA & ORS.

..... Respondents Through: Ms.Rupali Bandhopadhya, ASC with Mr.Abhijeet Kumar and Mr.Sagar Mehlawat, Advocates

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 31.05.2024 CRL.M.A. 17883/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(CRL) 1837/2024 1.

By way of present petition filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C., the petitioners seek following prayers:- 'i. Pass a writ/order/direction in the nature of mandamus in favour of the petitioners and against the respondents No.l to 4 thereby directing the respondents No.1 to 4 jointly and severally to grant the protection to the precious life of the petitioners at the property bearing No.1589, Gali No.10-B, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Swatantra Nagar, Narela, Delhi-110040.

ii. Pass a writ/order/direction in the nature of mandamus in favour of the petitioners and against the respondents No.1 to 4 thereby directing the respondents No. 1 to 4 jointly and severally to make ensure that the respondents No.8, 9 and their associates should not assault upon the petitioners in any manner whatsoever.

iii. Pass a writ/order/direction in the nature of mandamus in favour of the petitioners and against the respondents No. 1 to 4 thereby directing the respondents No. 1 to 4 jointly and severally to make ensure that the respondents No.8, 9 and their associates should not caused any kind of hindrance, obstruction, interference in the personal life, liberty and privacy of the petitioners.

iv. Pass a writ/order/direction in the nature of mandamus in favour of the petitioners and against the respondents No. 1 to 4 thereby directing the respondents No. 1 to 4 jointly and severally to make ensure that the respondents No.8, 9 and their associates should not interfere in the matrimonial life of the petitioners No. l & 2.

v. Pass a writ/order/direction in the nature of mandamus in favour of the petitioners No. 1 and 2 and against the respondents No.6 and 7 thereby directing the respondents No.6 and 7 jointly and severally to grant the protection to the precious life of the petitioners No.1 and 2 at the property bearing No.508, Gali No. 15, Meet Nagar, Gokal Pur, Delhi110094. vi. Pass a writ/order/direction in the nature of mandamus in favour of the petitioners and against the respondents No.6 and 7 thereby directing the respondents No.6 and 7 jointly and severally to make ensure that the respondents No.8, 9 and their associates should not caused any kind of hindrance, obstruction, interference in the personal life, liberty and privacy of the petitioners.

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

vii. Pass a writ/order/direction in the nature of mandamus in favour of the petitioners and against the respondents No. 1 to 4 thereby directing the respondents No. 1 to 4 jointly and severally to institute the disciplinary proceeding against the respondent No.5 for gross public misconduct during the discharge of his public duty and responsibility. Any other order/relief/direction may also kindly be passed in favour of the petitioners and against the respondents as this Hon'ble Court may deems fit, just and proper according to the facts and circumstances of the present case.'

2.

Learned counsel for the petitioners submits that the petitioners are apprehending threats at the hands of respondent Nos.8 to 9. He submits that a complaint dated 06.02.2023 has also been made to the concerned Police Station in this regard.

3.

Issue notice.

4.

Learned ASC for the State accepts notice and submits that an enquiry was carried out, however, no cognisable offence was made out. She further states that mobile number of the beat officer shall also be provided to the petitioners.

5.

In view of the above, the present petition is disposed of. 6.

Needless to state that the petitioners shall be at liberty to seek legal recourse as may be available under law, if the need so arises. MANOJ KUMAR OHRI, J MAY 31, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.