Chanda Trikha v. State Of NCT Of Delhi & ORS. & ORS.

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3501/2023, CRL.M.A. 32571/2023, CRL.M.A. 32573/2023, CRL.M.A. 19920/2024, CRL.M.A. 21709/2024, CRL.M.A. 12282/2025 CHANDA TRIKHA .....Petitioner Through:

Mr. Nitesh Mehra, Mrs. Parnika Choudhary and Mr. Siddharth Sehgal, Advocates.

versus STATE OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Rahul Tyagi, ASC for State with Mr. Pardeep Kumar, SI, PS-Gazipur/ East.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 21.08.2025 1.

The present writ petition under Article 226 of the Constitution of India, 1950 read with Section 482 of the Code of Criminal Procedure, 1973 seeks the following reliefs:

"1.

to pass the order to Commissioner of Delhi Police for the initiation of removal proceedings against Vijay Pandey & 31 Suman Pandey, Sunita Garg & her family, Ajay Gupta and Kusum Singh and their associates under section 46, 47 of Delhi Police Act, 1978.

2.

to pass the order to Commissioner of Delhi Police/ Govt. of NCT of Delhi for the anti-maltreatment and mortification measures including the installation of CCTV camera on the cemented pole near the shop of Mayank Agarwal and Chandra Mohan Arora, tenants' of Ajay Gupta. 3.

to pass the order to NSG/BSF/IB or equivalent agency for the inspection/ technical sweep (by R F Spectrum/ R F Transmitter detection up to 6 GZI-I, Thermal Imaging Camera) of the house of the Petitioner and other sides as well. Petitioner may bear the expenses of the equipment's used by the agency.

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

4.

to pass order to CBI for the Investigation and registration of the FIR against the accused persons mentioned in the complaint dated 13.06.2023."

2.

At the outset, Mr. Nitesh Mehra, on instructions from the Petitioner, Ms. Chanda Trikha, who is present in person, states that prayers No. 2 to 4 are not pressed and the relief is confined only to prayer No. 1. 3.

As regards the Petitioner's locus to seek the concerned relief, no legal provision has been cited to demonstrate that the Petitioner is entitled to require the State to initiate removal proceedings under Sections 46 or 47 of the Delhi Police Act, 1978.

4.

Nonetheless, Mr. Mehra, counsel for the Petitioner has pointed to the order passed by this Court on 7th March, 2023 in W.P.(CRL) 1121/2021, to the following effect:

"Mr Sharma, learned counsel for the petitioner states that he shall be making a representation to the Commissioner of Police detailing the steps which can be taken to look into the apprehensions and anxieties of the petitioner.

Since the petitioner is an Advocate and respectable counsel of this Court, the Commissioner of Police is requested to look into and dispose of the representation of the petitioner expeditiously, not later than 8 weeks from the date of making of the representation. With these directions the petition is disposed of." 5.

It is pointed out that in compliance with the aforenoted directions, Ms. Trikha had submitted her complaint to the Commissioner of Police, but no action was taken.

6.

On the other hand, Mr. Rahul Tyagi, ASC for the State, refers to the status report filed on 26th November, 2022, of Additional Professor of Clinical Psychology at IHBAS regarding Petitioner's mental health. 7.

The Court, however, finds no reason to examine the same and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

accordingly refrains from making any comments on the observations contained in the report as the Petitioner's relief has to be considered on their own merits, in accordance with law.

8.

In the absence of any legal provision cited to support the prayer for seeking direction to the State for initiating proceedings, the Court finds no basis to issue such directions, leaving it open to the Petitioner to pursue other further remedies as may be available to her, in accordance with law. 9.

However, as regards the Petitioners' apprehension of any threats, State is directed to ensure adequate protection. The SHO of the concerned police station shall designate a beat officer, sensitise him/her to the present order, and furnish to the Petitioner, the mobile numbers of the beat officer and the station's 24×7 contact. Upon any complaint of threat, the police shall promptly enter a DD entry and extend immediate assistance. For coordination, counsel for the Petitioners shall share the Petitioners' current place of residence and contact details with the Investigating Officer. 10.

It is clarified that this Court has not expressed any opinion on the merits of the allegations raised by the Petitioners. The directions are purely preventive in nature, aimed at ensuring the Petitioner's safety and shall not be construed as Court's opinion on the merits of the same. 11.

With the above directions, the petition is disposed of along with pending applications.

SANJEEV NARULA, J AUGUST 21, 2025 nk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.