Chakra Dhari Surekha & ANR. v. Eros Resorts And Hotels Pvt Ltd & ORS.

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2932/2023 & CRL.M.A. 27277/2023 (for interim relief) CHAKRA DHARI SUREKHA & ANR.

..... Petitioners Through:

Mr. Ayush Sharma & Mr. Ashish Sharma, Advocates.

versus EROS RESORTS AND HOTELS PVT LTD & ORS.

..... Respondents Through:

Mr. Sanjay Lao, Standing Counsel (Criminal) for the State with SI Prashant Malik, P.S.: Mayur Vihar.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 05.04.2024 1.

The present writ petition under Articles 226/227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed on behalf of the petitioners, seeking an order or direction to Police, to provide police protection while installing basic amenities, including WIFI, and to ensure smooth functioning of their business.

2.

Issue notice. Mr. Sanjay Lao, learned Standing Counsel (Criminal) accepts notice on behalf of the State.

3.

Brief facts of the case are that the respondent no. 1 was incorporated on 27.02.2006. It is stated that on 24.03.2008, the shop buyer‟s agreement was executed between Eros Resorts & Hotel Pvt Ltd. and petitioner no. 1. In The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

December 2014, the petitioners had applied for grant of license under the retail vendor of Indian liquor and foreign liquor in private/public sector to respondent no. 3. It is stated that on 24.04.2017, the suit got settled between the petitioners and respondent no. 1 and respondent no. 2. It is stated that on 31.03.2017, respondent no. 1 had issued a NOC. On 17.06.2022, the GNCTD had granted an L6 license to the petitioners. On 16.12.2022, a complaint had been filed on behalf of the petitioners against respondent no. 1 with respondent no. 4, for wrongfully restraining the complainant from entering their own shop and for further issuing threats that could result in harm to life and property. Hence, the present petition is filed. 4.

This Court has heard the submissions on behalf of petitioners as well as the State.

5.

In view of the above discussion, it is directed that the petition herein be treated as a representation, by the DCP concerned, who will pass an order within three months, in accordance with law, regarding any criminal action, required to be taken by the concerned Police Station, under intimation to the petitioner herein.

6.

This Court notes that as far as rest of the prayers are concerned, the same cannot be the subject matter of writ jurisdiction, and the petitioners herein have to approach appropriate authorities in accordance with law. 7.

Considering the overall facts and circumstances of the case, and the fact that petitioner has prayed for protection of his life as well as of his family as he is apprehending threat from respondents. In these circumstances, the petitioner is directed to provide his mobile number to the concerned Investigating Officer and SHO. Similarly, the mobile numbers of concerned IO, SHO and beat constable be also shared with the petitioners. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

8.

The officials of P.S. Mayur Vihar, Delhi, including SHO are directed to provide adequate protection to the petitioners from the above-mentioned persons, in case such circumstances arise.

9.

Learned counsel for petitioners states that he is satisfied with the aforesaid arrangement.

10.

Accordingly, the present writ petition stands disposed of in above terms. Pending application also stands disposed of. 11.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J APRIL 5, 2024/at Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.