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High Court of DelhiW.P.(C)/2487/2017

Madhu Purnima Kishwar & ORS v. Union Of India

2019-08-02Hon'Ble The Chief Justice,Hon'Ble Mr. Justice C.Hari Shankar2 pages

$~57 & 15 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 02.08.2019 + W.P.(C) 8384/2019 MADHU PURNIMA KISHWAR ..... Petitioner Through:

Mr. Shivanshu Singh, Adv.

versus UNION OF INDIA ..... Respondent Through:

Mr. Ravi Prakash, CGSC with Mr.Farman Ali & Mr. Mohd. Shahan Ulla, Advs.

for R-1 + W.P.(C) 2487/2017 MADHU PURNIMA KISHWAR & ORS ..... Petitioners Through:

Mr. Shivanshu Singh, Adv.

versus UNION OF INDIA ..... Respondent Through:

Mr. Anil Soni, CGSC with Mr.Abhinav Tyagi, Advs.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR

JUDGMENT

D.N. PATEL, CHIEF JUSTICE (ORAL) CM APPL. 34636/2019 (Exemption) in W.P.(C) 8384/2019 Allowed, subject to all just exceptions.

Applications stand disposed of.

W.P.(C) 8384/2019 & 2487/2017 Page 1 of 2

W.P.(C) 8384/2019 & W.P.(C) 2487/2017 1.

Counsel appearing for the petitioners in both the writ petitions submits that the Criminal Law Amendment Act, 2013 and the Criminal Law Amendment Act, 2018 is being misused by the public at large, especially Sections 375 and 376 of the Indian Penal Code, 1860 (IPC). Several instances have been quoted by the counsel for petitioners as detailed in the memo of the W.P.(C) 8384/2019 (pages 16 and 17). It is further submitted that this type of misuse of the law must be prevented by this Court. 2.

Having heard the counsel for the petitioners and looking to the facts and circumstances of the cases, we find no reason to entertain these writ petitions. Violation of the law is to be prevented in individual cases. As and when such type of cases are brought to notice, care can be taken, looking at the provisions of the law, evidence on record and the precedents provided by the Hon'ble Supreme Court. The prayer in the writ petitions is vague, and as regards the submission that there is violation of the provisions of the law which should be prevented by the Court, such type of prayers cannot be entertained by this Court. Individual cases have to be filed before the appropriate forum.

3.

With the aforesaid observations, these writ petitions stand disposed of.

CHIEF JUSTICE C.HARI SHANKAR, J AUGUST 02, 2019/ns W.P.(C) 8384/2019 & 2487/2017 Page 2 of 2