Rubeena & ANR v. The State & ORS

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1306/2016 and Crl. MA No. 6864/2016 RUBEENA & ANR ..... Petitioners Through Mr. Yatendra Nagar and Mr.Bhopal Singh, Advs. along with petitioners versus THE STATE & ORS ..... Respondents Through Mr. Ashish Aggarwal, ASC (Crl.) SI Mehrab Alam, PS Khajoori Khas SI Suresh Bhatia, PS Sonia Vihar

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL

O R D E R

% 29.04.2016 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:- "(a) Issue a writ in the nature of mandamus or any other appropriate writ, order or direction thereby directing the respondent nos. 1 to 3 to grant police protection to the petitioner no. 1 and 2 and further direct them to ensure that petitioner no. 1 and 2 are not wrongly framed in a frivolous case;

(b) Pass any other and further order as this Hon'ble Court may deem fit, just and proper in the present facts and circumstances of the case, in the interest of justice." Notice.

Mr. Ashish Aggarwal, learned Additional Standing Counsel (Criminal) appearing on advance notice on behalf of the police, states that in view of the circumstance that petitioner no. 1- Rubeena, who is an adult and left her

parental home on account of the circumstance that her family is purportedly preventing her from continuing her education as well as the circumstance that she apprehends threats at the hands of her extended family, they shall afford adequate protection to her after accessing the threat perception. The beat constable of the concerned area shall also be sensitized in this behalf. The telephone number of the said Officer as well as the SHO of the concerned police station shall be provided to both 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 proper nor necessary to issue notice to respondent nos. 4 and 5, the parents of petitioner no.1- Rubeena, particularly since no directions are being issued against them.

With the above directions, the writ petition is allowed and disposed of accordingly.

SIDDHARTH MRIDUL, J APRIL 29, 2016 sd