Sudhir Budhiraja v. State (Govt Of NCT) & ORS

$~75 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2558/2018 SUDHIR BUDHIRAJA ..... Petitioner Through:

Mr. M. A. Niyazi and Ms. Kirti J., Advocates.

Versus

STATE (GOVT OF NCT) & ORS ..... Respondents Through:

Mr. Amit Chadha, APP with SI Sushil Sharma, P.S. Rajinder Nagar.

Mr. Akash Nagar, Advocate for Respondents No. 2 to 4.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 27.09.2018 The petitioner seeks protection from respondents No. 2 to 4, who allegedly have been harassing and haunting him in his office from April, 2018, by barging into and sitting in his office, virtually on a daily basis. He states that respondent No. 2 carries a gun with him, when he come to the petitioner's office; the said firearm is an obvious threat to the petitioner and has indeed been used to terrorize him earlier. According to the learned counsel for the said respondent, the said firearm is licensed. Be that as it may, whether the said gun was required to be carried by him to the office of the petitioner on a daily basis or not is a matter for the Investigating Officer to consider. The petitioner has electronic evidence of the presence of the respondents in his office. He also relies upon an earlier incident when a gun was brandished at him threateningly, for some commercial transaction. The petitioner alleges that his Car, an Audi A6, has been forcibly taken away from him by the respondents and was sought to be

registered in the name of respondent No.2 on the basis of forged documents. He submits that the petitioner has not been paid any monies against the alleged transfer of the said vehicle by him to respondent No.2. The petitioner alleges that his passport too was forcibly taken away by respondent No.2, which after the intervention of the police was returned to him on 01.08.2018. He argues that since the petitioner and the respondents are allegedly inimical to each other, there is no question of his handing over his passport to the respondents for arranging of a loan. In the circumstances, the petitioner seeks protection from the said respondents. The DCP of the area shall look into the matter and accord due protection to the petitioner and his family in terms of such threat as may be assessed.

Additionally, the petitioner shall be provided with telephone numbers of three police officers from the jurisdiction of the concerned Police Station of which one shall be of a lady police officer. These numbers shall be kept operational at all times so that any exigency can be intimated on either of the numbers by the petitioner. The learned counsel for the State assures the Court that any message received on the said numbers or on any other telephone number of the police either by way of a telephone call or SMS shall be immediately responded to. Additionally, the Beat Constable/ Division Staff of the area shall contact the petitioner on a daily basis to ascertain his safety and security and report the same in the Roznamcha. The safety and security of the petitioner shall be assessed by the SHO on a weekly basis with due endorsement of the same in the Roznamcha. The learned counsel for the State submits that the SHO concerned shall duly sensitize respondents No. 2 and 4 of the need to maintain peace.

Should the petitioner shift his address to the jurisdiction of any other Police Station in Delhi, the same protection shall be accorded to him by the SHO of the subsequent Police Station as well. No further orders are required at this stage. The petition stands disposed-off accordingly. A copy of this order be given dasti to the learned counsel for the parties under the signature of the Court Master. NAJMI WAZIRI, J.

SEPTEMBER 27, 2018 sb