Sunita v. The State (NCT Of Delhi) & ORS

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1466/2016 and Crl. MA No. 7650/2016 SUNITA ..... Petitioner Through Mr. B.S. Randhawa and Mr. Manish Arya, Advs. along with petitioners versus THE STATE (NCT OF DELHI) & ORS ..... Respondents Through Mr. Jamal Akhtar for Mr. Rahul Mehra, Standing Counsel (Crl.) SI Shiv Chauhan, PS Anand Parbat

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 12.05.2016 CRL.M.A. No. 7650/2016 (Exemption) Exemptions allowed subject to all just exceptions. The application stands disposed of.

W.P. (CRL.) 1466/2016 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:- "(a) Issue a writ in the nature of mandamus, certiorari or any other or direction, thereby directing the respondent nos. 1 to 3 to provide security and safeguard to protect the petitioners;

(b) Pass any other or further order it may deem fit and proper to this Hon'ble Court in the facts and circumstances of the case, in the interest of justice and fair play."

Sachin and Suman, the petitioner nos. 2 and 3 are both adults and have

married each other of their own free will and desire. Smt. Sunita, the petitioner no. 1 is the mother of Sachin, petitioner no. 2 herein. It is averred on behalf of the petitioners that the respondent nos. 4 to 6, who are the brother, mother and maternal uncle respectively of Suman, petitioner no. 3 herein, do not approve of the union between Sachin and Suman; and have threatened the petitioners with physical harm. The complaint in this behalf has already been despatched to the SHO, Police Station- Anand Parbat, Delhi vide DD No. 28B on 3rd April, 2016. Notice.

Mr. Jamal Akhtar, learned counsel appearing on behalf of Mr. Rahul Mehra, learned Standing Counsel (Criminal) appearing on advance notice on behalf of the police, states that in view of the foregoing circumstances, the police will afford adequate protection to the petitioners; the beat constable of the concerned area shall also be sensitized in this behalf; and the telephone number of the said Officer as well as the SHO of the concerned police station shall be provided to the petitioners herein 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, in my view, it is neither considered expedient nor necessary to issue notice to respondent nos. 4 to 6 in the present petition, particularly since no directions are being issued against them which may affect them adversely. With the above directions, the writ petition is allowed and disposed of accordingly.

Dasti.

SIDDHARTH MRIDUL, J

MAY 12, 2016 sd