Xxxxx v. State(NCT Of Delhi) And ORS.

$~95 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3183/2024 & CRL.M.A. 30815/2024 XXXXX .....Petitioner Through:

Mr. Amit Alok, Mr. Saurav Prakash, Mr. Nagender Kumar Singh and Mr.

Gaurav Prakash, Advocates versus STATE(NCT OF DELHI) AND ORS.

.....Respondents Through:

Mr. Rahul Tyagi, ASC for State

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 14.10.2024 CRL.M.A. 30815/2024 (Exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

W.P.(CRL) 3183/2024 1.

The instant petition under Articles 226 and 21 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the petitioner seeking the following reliefs: "A. Kindly allow present petition and directed to Delhi Police to register a FIR and also directed to the respondent no.2 to not make viral chat and photographs of the petitioner. B. And any other appropriate order may kindly be passed in favour of the petitioners which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

Learned counsel appearing on behalf of the petitioner, after some length of arguments, submitted that the respondent no. 2 has some personal chats and videos of the petitioner/victim and is threatening her to publish the same on public platform. It is further submitted that the Police, in spite of complaint, has not taken the said complaint seriously and had not lodged the FIR.

3.

On query made by this Court, learned counsel appearing on behalf of the petitioner failed to point out any contents about having personal chats and videos of the petitioner/victim and about the threat received by the petitioner to publish the chats and videos on any public platform in the complaint, which is appended as Annexure P-1, submitted before the Police. 4.

At this juncture, learned counsel appearing on behalf of the petitioner without pressing the matter on merits, made an innocuous prayer to make a detailed complaint before the concerned Police Station i.e., Police Station Palam Village within two days. He also prayed for direction of this Court that the concerned SHO may be directed to take cognizance and lodge the FIR against the respondent no. 2 and take appropriate action against the respondent no. 2 regarding not to publish the said videos or personal chats between the petitioner and the respondent no. 2 on any public platform. 5.

Heard learned counsel appearing on behalf of the petitioner and perused the contents made in the petition.

6.

Issue notice. Learned ASC appearing on advance notice for the State accepted notice. He submitted that the complaint which has been received at the Police Station does not contain the allegations as made by learned counsel for the petitioner in the instant petition, however, he has no The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

objection to the innocuous prayer made on behalf of the petitioner. 7.

In view of the innocuous prayer made on behalf of the petitioner and no objection on behalf of the State, the petitioner is directed to file an appropriate and detailed complaint along with the relevant materials, if any, along with the copy of this order before the concerned Police Station within two days and after considering the said complaint, the SHO of the concerned Police Station is directed to lodge the FIR and take appropriate steps in accordance with the law, against the respondent no. 2 to not publish any personal videos and personal chats of the petitioner/victim if it is prima facie satisfied after the enquiry.

8.

Accordingly, the instant petition stands disposed of with the aforesaid directions alongwith the pending applications, if any. CHANDRA DHARI SINGH, J OCTOBER 14, 2024 gs/ryp 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.