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High Court of DelhiW.P.(CRL)/3435/2018

Neetu Gaur v. Commissioner Of Police Delhi & ORS

2018-11-13Hon'Ble Mr. Justice Najmi Waziri2 pages

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3435/2018 NEETU GAUR ..... Petitioner Through:

Mr. Jaipal & Mr. Avinash Kumar, Advocates

Versus

COMMISSIONER OF POLICE DELHI & ORS ..... Respondents Through:

Ms. Kamna Vohra, ASC for State with Mr. Pooja Malhotra, Advocate

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 13.11.2018 Crl. M.A. No.35925/2018 Exemption allowed, subject to all just exceptions.‟ The application stands disposed of.

W.P.(CRL) 3435/2018 & CRL.M.A. 35926/2018 It is the petitioner‟s case that the protection granted to respondent No. 5 by this Court by order dated 03.08.2016 is being misused by the latter in breach of rules to a protectee; it is used more as a status symbol; the condition for the protection was that the security cover would be available to respondent No.5 only till the conclusion of recording of his evidence, but the condition is being breached and misused.

The learned counsel for the petitioner submits that for the last more than two years, the petitioner‟s evidence has not been recorded despite various opportunities having been granted to him; that the respondent No. 5 has, for one reason or the other sought adjournment of recording of his

evidence on medical grounds or some other personal exigencies. Ms. Kamna Vohra, the learned counsel for the State submits that the next date for recording of evidence is 22nd November, 2018 and 3rd December, 2018 in FIR Nos. 49/2012 and 254/2015 respectively. She submits that every endeavour shall be made to have the petitioner‟s evidence recorded by the end of this year.

Apropos misuse of the security cover by respondent No. 5, the matter would be best reviewed by the DCP concerned and appropriate directions be passed. Accordingly, the petition shall also be considered as the petitioner‟s representation to the DCP (Security).

Other reliefs are not pressed by the petitioner at this stage. The petition is disposed off in the above terms. NAJMI WAZIRI, J.

NOVEMBER 13, 2018 rd