Renuka Wahi v. State & ORS
$~37 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1911/2017 RENUKA WAHI ..... Petitioner Through:
Mr. Vikas Tiwari, Adv. with petitioner in person versus STATE & ORS ..... Respondents Through:
Mr. Rahul Mehra, Standing Counsel with Mr. Jamal Akhtar and Mr.
Tushar, Advs. with Inspector Kuldeep Singh, SHO Neb Sarai
CORAM:
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
O R D E R
% 11.07.2017 Ms. Renuka Wahi had appeared before the Division Bench of this court presided over by Hon'ble the Acting Chief Justice and had complained against the local police (P.S. Neb Sarai) about their turning a blind eye to her distress calls. She had also made known to the court that on 06.07.2017, she was brutally assaulted on her head and an attempt was made to chop off her thumb by some persons in her residence situated at N-15, Sainik Farms, New Delhi between 4 p.m. and 6 p.m. Some photographs of the Trauma Centre where Ms. Wahi was treated have also been brought on record. There is no dispute about the fact that she was assaulted badly. Her house was intruded and ransacked by miscreants. Ms. Wahi and her counsel have submitted that this is not an ordinary case of burglary but appears to be executed at the behest of somebody, who
is otherwise interested in her property.
This court has been made to understand that the property owned by the petitioner is a huge property which the petitioner wants to donate to poor people. She and her husband are not on the same page with respect to the disposal of the property. It has been submitted that the children of Ms. Wahi are all well settled abroad and have got no interest in the said property. The husband of Ms. Wahi however stays separately on whom she has raised some suspicion because he is not desirous of disposing off the property in the way Ms. Wahi would like it to be done.
For the present, the main grievance of the petitioner is that the police is not acting in a fair, impartial and proper manner. Mr. Rahul Mehra, learned Standing Counsel, however, submits that pursuant to the complaint made by Ms. Wahi, FIR No.358/2017 under Sections 308, 452 and 34 of the IPC has been registered on 07.07.2017. Later, during the course of investigation, Sections 395 and 397 have also been added. Some of the miscreants, on suspicion, have been arrested. Four out of the arrested persons are stated to be juveniles. The other person, who is a major, has refused to participate in the Test Identification Parade. Certain articles, looted from the house of the petitioner, have also been recovered.
Those articles have not been put on Test Identification Parade but have been shown to the petitioner, which have been identified by her. The Officer in-charge/SHO of the Neb Sarai Police Station, Mr. Kuldeep Singh is present in court. He is directed to take personal interest in the investigation of the aforesaid case. He shall also ensure the safety of the life and property of the petitioner.
movement in and around the house of the petitioner. The telephone numbers of the SHO and two additional SHOs shall be given to the petitioner with an assurance to her that in times of distress when a call is made, it will be promptly responded to.
Mr. Mehra, on instructions, submits that the telephone numbers of the SHO and two additional SHOs have already been given to the petitioner. A beat constable has also been instructed to keep a watchful eye over the house of the petitioner.
The investigation of the case has to be taken up in right earnest. The petitioner who is a senior citizen deserves to be protected. This court would not brook of any lackadaisical approach on the part of the investigating agency or the local police in providing all safety to the petitioner. Mr. Rahul Mehra, learned Standing Counsel has further submitted that for instilling confidence in the mind of the petitioner and also taking into account that the grievance of the petitioner is towards the conduct of the local police, the State is considering the desirability of handing over the investigation to a specialized agency namely DIU of the concerned district. If that decision is taken, it is expected that the DIU, South District shall take all possible steps to bring the investigation of the aforesaid FIR to a logical conclusion.
With these observations and directions, this writ petition is disposed of.
Dasti.
ASHUTOSH KUMAR, J JULY 11, 2017/ns