Mohd.Zeeshan @ Shan & ANR. v. State (Gnct Of Delhi ) & ANR.

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2499/2016 MOHD. ZEESHAN @ SHAN & ANR.

..... Petitioners Through :

Ms. Shampa Chatterjee, Adv.

versus STATE (GNCT OF DELHI ) & ANR.

..... Respondents Through :

Mr. A. N. Sharma and Mohd. Zubair, Advs. for R-3 to 7.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 16.11.2016 Petitioner nos.1 & 2 are husband and wife. Respondent no.3 is father and respondent no.4 is step mother of petitioner no.1. Respondent nos.5 & 6 are the step sisters of petitioner no.1.

Respondent no.7 is the builder.

Petitioners have approached this Court seeking police protection. It is submitted that respondent nos.3 to 6 are harassing and torturing the petitioners in connivance with respondent no.7. Respondent nos.3 to 6 were not happy as petitioner no.1 had refused to marry a girl related to respondent no.4. On 6th April, 2016, respondent nos.3 to 6 along with 4-5 unknown persons tried to dispossess the petitioner no.1 from his shop, forcibly. Petitioner no.1 has already filed a suit for Permanent Injunction against the respondent nos.3 to 6 before the Civil Judge (Central District),

Tis Hazari Courts, Delhi, which is pending. On 14th May, 2016, respondent nos.2 to 7 again tried to forcibly dispossess the petitioner no.1 from his shop. Petitioner no.1 made a complaint at the police control room number 100 but no action was taken by the respondent no.2. Instead, a Kalandra under Section 107/150 Cr.P.C. vide DD No.31-A dated 14th May, 2016 was foisted against the petitioner no.1.

Learned Additional Standing Counsel submits that property disputes are pending between the petitioner no.1 and respondent nos.3 to 6. Since both the parties were found quarrelling, they were booked under Section 107 and 150 Cr.P.C. It is further submitted that pursuant to the order dated 26th August, 2016 passed by this court, beat staff has already been sensitized and briefed with the direction to keep a close watch to avoid any untoward situation.

Learned Additional Standing Counsel further submits that telephone numbers of beat constable and division officer have been provided to the petitioners. In addition thereto, mobile number of SHO has also been given to petitioner no.1 today.

As regards the property disputes, same has not to be adjudicated in this writ petition, inasmuch as, a civil suit is pending between the parties.

Only issue involved in this writ petition is regarding safety of the petitioners. SHO PS Chandani Mahal is directed to ensure the safety of petitioners through the beat staff or otherwise, after assessing the threat perception. Writ petition is disposed of in the above terms. A.K. PATHAK, J.

NOVEMBER 16, 2016/dk