M v. The Commissioner Of Police Delhi Police & ANR.

$~89 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3552/2024 and CRL.M.A. 33986/2024 M .....Petitioner Through:

Mr. Anunaya Mehta, Advocate via video-conferencing with Mr. Deepak Vohra and Mr. Nishant Gupta, Advs.

versus THE COMMISSIONER OF POLICE DELHI POLICE & ANR. .....Respondents Through:

Mr. Amol Sinha, ASC with Mr.

Kshitiz Garg, Mr. Ashvini Kumar and Ms. Chavi Lazarus, Advocates.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 13.11.2024 By way of the present petition filed under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks transfer of investigation in case FIR No. 480/2024 dated 29.09.2024 registered under sections 76/115(2)/3(5) of the Bharatiya Nyaya Sanhita, 2023 from the local police station being P.S.: Tilak Nagar, Delhi to a specialised unit of Crime Branch of the Delhi Police.

2.

Mr. Anunaya Mehta, learned counsel for the petitioner submits, that the petitioner is a 75-year-old widow who has been receiving threats from her nephew, who resides in her neighbourhood. W.P.(CRL) 3552/2024 Page 1 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

Mr. Mehta submits, that based on complaint dated 29.09.2024 made by the petitioner, the local police have registered the subject FIR but the investigation in the matter is not proceeding in a fair and objective manner, in accordance with law.

4.

Furthermore, the petitioner also prays that she be provided necessary protection against unlawful threats at the hands of respondent No.3, so that she can pursue her legal remedies without fear. 5.

Issue notice.

6.

Mr. Amol Sinha, learned ASC (Criminal) appears on behalf of the State on advance copy; accepts notice; and leaves it to the court to pass appropriate orders.

7.

The petitioner is present in court. The court has interacted with her. 8.

The Investigating Officer is also present in court and states that the chargesheet in the subject FIR is almost ready and will be filed within the next week. The I.O. further informs that court that though there is also a cross-complaint filed by respondent No.3 against the petitioner, which is also being inquired into, no FIR has been registered on that complaint so far.

9.

In the circumstances, without making anyobservations in the matter, the I.O. is directed to file a chargesheet in the subject FIR within the next week.

10.

Furthermore, to address the petitioner's apprehension of receiving threats at the hands of respondent No.3, the S.H.O. P.S.: Tilak Nagar, Delhi is directed to furnish to the petitioner his cellphone number, as well as the cellphone number of the concerned lady Beat Constable, who the petitioner may call in any eventuality. W.P.(CRL) 3552/2024 Page 2 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11.

The petition stands disposed-of in the above terms. 12.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J NOVEMBER 13, 2024 V.Rawat W.P.(CRL) 3552/2024 Page 3 of 3 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.