High Court of DelhiW.P.(CRL)/1166/2016

Yogesh & ANR v. State Of N.C.T Of Delhi & ORS

2016-04-19Hon'Ble Mr. Justice Siddharth Mridul2 pages

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1166/2016 YOGESH & ANR ..... Petitioners Through:

Mr. Manoj Kumar Sharma, Advocate versus STATE OF N.C.T OF DELHI & ORS ..... Respondents Through:

Mr. Ashish Aggarwal, ASC (Criminal) with SI Ajay Kumar, PS- Khyala for R-1 & R-2

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 19.04.2016 The present is a petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) praying as follows:- "Under these circumstances, it is, therefore, prayed that this Hon'ble Court may graciously be pleased to pass necessary directions/orders in the nature of mandamus to the concerned police authorities to take appropriate action against respondent No.3 and to protect the life of the petitioners as per fundamental rights of the constitution of India, in the interest of justice.

Any other or further order which this Hon'ble Court may deem fit and proper also be passed in favour of the petitioners and against the respondents as facts and circumstances, of the case."

Counsel appearing on behalf of the petitioners limits the relief in the present petition to a direction to the police to provide protection to the petitioners.

Notice.

Mr. Ashish Aggarwal, learned Additional Standing Counsel (Criminal) appearing on advance notice on behalf of the police, on instructions from the IO

SI Ajay Kumar, Police Station- Khyala states that in view of the circumstance that the petitioners are both adults and have married each other of their own free will and desire and apprehend threats at the hands of the family of petitioner No.1, the police shall afford adequate protection to them. The beat constable of the concerned area shall also be sensitized in this behalf. The telephone number of the SHO of the concerned police station as well as the beat constable shall be provided to the petitioners in order to enable the latter to contact the former in the event of any threat or apprehension.

Directed accordingly.

In view of the direction that is being issued in the present petition, I do not think it proper and necessary to issue notice to respondent No.3, brother of petitioner no.1 herein, in the present petition. With above directions the writ petition is allowed and disposed of accordingly.

A copy of this order be given dasti under the signature of Court Master to counsel for the parties.

SIDDHARTH MRIDUL, J APRIL 19, 2016 dn