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High Court of DelhiW.P.(CRL)/2959/2023

Nagender Kumar v. The State & ORS.

2024-07-26Hon'Ble Ms. Justice Neena Bansal Krishna2 pages

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2959/2023 NAGENDER KUMAR .....Petitioner Through:

Mr.

Vivek Sharma, Mr.

Manoj Bhandari & Ms. Meenal Kapoor, Advocates.

versus THE STATE & ORS.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel, Crl. for State.

S.I. Rahuul Kumar, PS Jyoti Nagar, Delhi.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 26.07.2024 1.

The present Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the petitioner seeking the following prayers: - "a. To issue a Writ of Mandamus or any other Writ or order to the respondents No. 2 to 4 to provide the protection to the petitioner in order to save his life;

b. To issue a Writ of Mandamus or any other Writ or order to take appropriate action against Sonu Rathi and his accomplice."

2.

It is submitted in the petition that the petitioner has apprehension of threat to his life from gangsters of Western Uttar Pradesh. 3.

This Court vide Order dated 10.10.2023 granted interim protection to the petitioner by directing the Police to provide similar protection to the 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 30/07/2024 at 11:47:10

petitioner as was provided vide Order dated 15.10.2018 and 13.02.2019 passed in earlier petitions filed on behalf of the petitioner. 4.

It is also submitted that initially the protection was granted to the petitioner vide Orders dated 15.10.2018 and 13.02.2019 in the earlier petitions filed on behalf of him. However, it was suddenly withdrawn on 30.09.2023. Consequently, the present petition has been filed on behalf of the petitioner seeking protection to him by the respondent Nos. 2 to 4. Vide Order dated 10.10.2023 passed in the present petition, the interim protection was granted to the petitioner which is still continuing. 5.

Learned Standing Counsel on behalf of the State submits that the threat perceptions are assessed by the Deputy Commissioner of Police, Special Cell and the petitioner may make an application for continuation of the police protection.

6.

Submissions heard.

7.

In view of above, the interim protection granted vide Order dated 10.10.2023 shall continue for another three months. 8.

In the interim, the petitioner shall move an application seeking protection before the Deputy Commissioner of Police, Special Cell, who shall make an assessment and provide appropriate security to the petitioner. 9.

With the aforesaid directions, the present petition is disposed of. NEENA BANSAL KRISHNA, J JULY 26, 2024 S.Sharma 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 30/07/2024 at 11:47:10