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High Court of DelhiW.P.(CRL)/633/2017

Raiza Begum v. Govt Of NCT Of Delhi & ORS

2017-10-23Hon'Ble Mr. Justice Ashutosh Kumar2 pages

$~8 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 633/2017 RAZIA BEGUM ..... Petitioner Through:

Mr.Jitendra, Adv. along with petitioner in person.

versus GOVT OF NCT OF DELHI & ORS ..... Respondents Through:

Ms.Richa Kapoor, ASC.

Mr.Aman Usman, Adv. for R-3 & 4.

SI Bhagwan Singh, P.S.Jamia Nagar.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 23.10.2017 The petitioner, Ms.Razia Begum (wrongly spelt as Raiza Begum in the earlier orders) has alleged that she was beaten up by the respondent Nos.3 & 4. It has also been submitted that despite the first order dated 28.02.2017 passed by a bench of this Court, restraining the respondents from inflicting any physical harm to the petitioner, she was assaulted and abused. However, after 07.07.2017, when a bench of this Court reiterated and cautioned that no harm should be caused to the petitioner, no such occurrence has been reported.

Ms.Richa Kapoor, ASC, on instructions, submits that the case lodged by the petitioner has been investigated and there is every likelihood of submission of the charge sheet in the case.

The son of the petitioner, who is present in Court, has in his possession a CD which depicts the act of stealing by respondent Nos.3 & 4. It has been submitted on his behalf that despite his insistence, the CD has not been accepted by the investigating officer. The son of the petitioner is directed to hand over the CD to the IO of this case who is present in Court. The CD shall be examined by the investigating officer and if it contains any incriminating material, the same shall be taken into account while deciding about the accusation against the respondents in this case.

This Court, thus, now does not deem it appropriate to keep the present petition pending. The same is disposed of with the direction to the SHO to ensure compliance of the earlier orders of this Court of providing due protection to the petitioner.

In case the aforesaid direction of providing protection to the petitioner is violated, it would be open for the petitioner to get the present case revived by filing a two pages affidavit, stating in detail as to what had happened to her.

The petition is accordingly disposed of.

ASHUTOSH KUMAR, J OCTOBER 23, 2017 k