Durga Dass Bansal & ANR v. Satte & ORS

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1601/2018 DURGA DASS BANSAL & ANR ..... Petitioners Represented by:

Mr.Mukesh Gupta, Advocate versus SATTE & ORS ..... Respondents Represented by:

Mr.R.S.Kundu, ASC for the State with Mr.Hitesh Vali, Advocate with SI Bijender, PS Shalimar Bagh Mr.Rimjhim Naudiyal and Ms.Cheshta Jetly, Advocates for Ms.Supriya Juneja, Advocate for R-3

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 20.03.2019 1.

By this petition, the petitioner seeks security and protection and appropriate action against respondent No.3 on the complaints filed as also directions to stop respondent No.3 from interfering the peaceful possession of the property bearing No.BN-40, West Shalimar Bagh. Respondent No.3 is the daughter-in-law of the petitioners who is residing in the same house. Learned Additional Standing Counsel for the State submits that there are recurrent quarrels between the two parties and repeated calls are received on this count.

2.

As regards the prayer of directions to respondent No.3 not to interfere in the peaceful possession of the petitioners, a civil suit has already been preferred by the petitioner and no directions can be passed in the present W.P.(CRL) 1601/2018

petition. As regards legal action on the complaint filed, learned Additional Standing Counsel for the State submits that the complaints and crosscomplaints have been received however no cognizable offence is made out and thus preventive actions are being taken against the parties as and when required to maintain the peace and tranquillity in the area. 3.

Needless to note in case of commission of a cognizable offence, the petitioners and even respondent No.3 would be at liberty to take remedies in accordance with law. As regards the prayer of the petitioners for protection is concerned, a status report has been filed according to which the petitioners have been kept in the category of senior citizens and thus regular watch is being kept except that the police does not interfere in their family property dispute. This fact is refuted by learned counsel for the petitioners. 4.

Writ petition is disposed of directing that adequate security as required to be given to any senior citizen on the list be given to the petitioners and for the other prayers the parties would be at liberty to take the remedies in accordance with law.

MUKTA GUPTA, J.

MARCH 20, 2019 mamta W.P.(CRL) 1601/2018