Poonam v. The State And ANR & ANR.

$~47 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3552/2023 POONAM ..... Petitioner Through:

Ms. Archana Shahu, Advocate versus THE STATE AND ANR & ANR.

..... Respondents Through:

Ms. Nandita Rao, ASC for the State with SI Amit Kumar, Sarita Vihar.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 12.01.2024 1.

The instant petition under Article 226 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 petitioner seeks following prayer: "...a) for issuance of a writ, order or direction in the nature of mandamus thereby to provide police protection to the petitioner and where accused persons regularly wondering to again attack near the house of the petitioner and further direction to call the D.C.P .. i.e. respondent no. 2 before this hon'ble court and take explanation why action has not been taken on complaint dt 14/11/2023 of the petitioner b) and further direction to restrain some unknown police officials including accused, to directly and indirectly threatening the petitioner to withdraw the aforesaid complaint..." 2.

Brief facts of the case are that on 12.11.2023 at about 07:15 p.m. on the occasion of Deepawali at around 7:15 PM, few people namely Varun, Ajay, Sanjeev and Rajan came near the house/residence of the complainant intoxicated carrying arms like iron rods and hockey sticks and had started 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 16/05/2024 at 12:30:02

fighting with the petitioner and her sister. It is also alleged that they had also molested the petitioner and her family members, especially removed the clothes of petitioner‟s sister. When petitioner and her family members tried to stop them the accused persons started attacking them with iron rods and hockey sticks, the petitioner and her family members got serious injuries. Thereafter, the petitioner had made a complaint on 14.11.2023 to the DCP, South East, Sarita Vihar.

3.

Heard the submissions on behalf of petitioner as well as the State. 4.

Considering the overall facts and circumstances of the case, and the fact that petitioner has prayed for protection of her life as she is apprehending threat from accused persons, the petitioner is directed to provide her mobile number to the Investigating Officer and SHO. Similarly, the mobile numbers of concerned IO, SHO and beat constable be also shared with the petitioner.

5.

The officials of P.S. Sarita Vihar including SHO are directed to provide adequate protection to the petitioner from accused persons, in case such circumstances arise.

6.

Learned counsel for petitioner states that she is satisfied with the aforesaid arrangement.

7.

Accordingly, the present writ petition stands disposed of in above terms.

8.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J JANUARY 12, 2024/zp 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. The Order is downloaded from the DHC Server on 16/05/2024 at 12:30:02