Mohd. Rais v. The State Of NCT Of Delhi Through The Commissioner Of Police & ORS.
$~112 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3585/2025 MOHD. RAIS .....Petitioner Through:
Mr. Sanobar Ali Qureshi, Adv.
versus THE STATE OF NCT OF DELHI THROUGH THE COMMISSIONER OF POLICE & ORS.
.....Respondents Through:
Mr. Rahul Tyagi, ASC (Crl.) with Mr.
Sangeet Sibou, Mr. Priyansh Raj Singh Senger and Mr. Aniket Kumar Singh, Advs. for State with SI Abhay Bhati, P.S. Madhu Vihar, Delhi.
Mr. Tushar Sannu, Standing Counsel with Ms. Ishika Jain, Adv. For R3/MCD.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
O R D E R
% 03.11.2025 1.
The present petition has been filed seeking following reliefs: "A. Issue a Writ of Mandamus directing Respondents No. 1 and 2 to register an FIR and investigate the complaints dated 08.10.2025 and 09.10.2025, utilizing the video evidence provided.
B.
Direct Respondents No. 1 and 2 to provide immediate police protection to the Petitioner, and-his shop premises Zam Zam Muradabadi Chicken Biryani , located at Shop No. 2, Ground Floor, Property Bearing Number 245/26, Kalyan Marg, School Block, Mandawali, Delhi -110092 to enable the conduct of his lawful business."
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 06/11/2025 at 13:32:24
2.
Mr. Sanobar Ali Qureshi, learned counsel appearing on behalf of the petitioner submits that complaint was made by the petitioner, however, no FIR has been registered. He further contends that the petitioner apprehends threat to his life and the police is not providing requisite protection to him. 3.
On being confronted by the Court that the petitioner has a specific statutory remedy under Section 173(5) of BNSS, 2023, Mr. Qureshi submits that he will not press the prayer insofar as registration of FIR is concerned, however, he urges the Court that necessary order may be passed providing requisite protection to the petitioner.
4.
It is fairly conceded by Mr. Qureshi that the mobile number of beat constable has already been shared by the SHO, Madhu Vihar, Delhi with the petitioner.
5.
In view of the limited relief articulated, the present petition is disposed of with a direction that in the event, any distress call is received from the petitioner by the beat constable(s), the same shall be attended to on urgent basis, in accordance with law.
6.
Liberty is also granted to the petitioner to approach the concerned Judicial Magistrate First Class (JMFC) under the relevant provisions of BNSS, 2023 for registration of FIR.
7.
The petition is disposed of in the above terms. VIKAS MAHAJAN, J NOVEMBER 3, 2025 aj 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 06/11/2025 at 13:32:24