Nazreen v. The State NCT Of Delhi
$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3855/2024 NAZREEN .....Petitioner Through:
Mr. Iqbal Ahmad and Mr. Alamgir, Advocates.
versus THE STATE NCT OF DELHI .....Respondent Through:
Mr. Amit Ahlawat, APP for the State with Insp. Yogesh Kumar, P.S. Jagat Puri.
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
O R D E R
% 04.11.2024 1.
Pursuant to the previous order, status report has been filed by the State. As per the status report, the other family members of the accused/ petitioner are in custody.
2.
The case of the prosecution is based on a complaint of Faizan, who stated that on 22nd May, 2024, the accused and her family members around 9 PM in the night assaulted the complainant's father, mother, brother, cousin and himself. While the complainant and his family live on the first floor of the premises near Shahi Masjid, Delhi-110051, the accused and her family members live on the ground floor. There is a dispute relating to a shop between the two sets of families, who are related to each other. 3.
As per the FIR the altercation included accused, however, the allegations as regards to using of the knife was against the brothers of the accused (who are already in judicial custody). As against the accused, it is 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 06/11/2024 at 11:59:56
stated that she was part of the assault and was delivering kicks and punches to the family members of the complainant.
4.
APP for the State also states that petitioner has been declared proclaimed offender vide order dated 28th October, 2024, since she has evaded the service of notice.
5.
Counsel for the petitioner states that petitioner is 21 years of age and is a first year student of Delhi University, and is taking care of her 5 years old minor brother. He states that since her family members are in custody and there is a dispute with the uncle's family (complainant's family), she had to take shelter elsewhere and therefore could not respond to the notice. 6.
Counsel for the petitioner seeks liberty to approach the Trial Court for challenging the Section 82 Cr.P.C. proceedings. 7.
In these circumstances, liberty is granted to the petitioner to approach the Trial Court against the Section 82 Cr.P.C. proceedings, which shall decide the matter on merits and till the order of the Trial Court is passed, petitioner will not be arrested. Counsel for the petitioner assures that the petitioner will present herself before the Trial Court. 8.
Counsel for the petitioner seeks to withdraw the present petition. Petition stands dismissed as withdrawn.
9.
APP for the State shall place the status report on record. 10.
Order be uploaded on the website of this Court. 11.
Order dasti.
ANISH DAYAL, J NOVEMBER 4, 2024/DU/tk 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 06/11/2024 at 11:59:56