Sandeep Tomar v. The State NCT Of Delhi & ORS

$~5 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3014/2017 SANDEEP TOMAR ..... Petitioner Through:

Ms. Manju Datt, Adv.

versus THE STATE NCT OF DELHI & ORS.

.... Respondents Through:

Mr. Rohitt Kumar Yadav, Adv. for Ms. Neha w/o the petitioner.

Ms. Chaitanya Gosain, Adv. for Mr. Rahul Mehra, St. Counsel for State., Insp. Dharam Pal, SHO with ASI Hawa Singh, PS Nihal Vihar

CORAM:

JUSTICE S.MURALIDHAR JUSTICE I.S.MEHTA

O R D E R

% 01.03.2018

1. A fresh status report dated 27th February 2018 has been filed by the SHO of Police Station (PS) Nihal Vihar, Delhi. The SHO has obtained a copy of the latest rent agreement entered into by Ms. Neha in respect of a premises in Patna. The SHO also obtained the mobile number of Ms. Neha and when contacted, she assured him that she would appear in Court today.

2. Today, Ms. Neha is present in Court with her lawyer Mr. Rohitt Kumar Yadav. Mr. Yadav explains that Ms. Neha had to keep shifting her residence for fear of threats to the safety of herself and her children after an incident that took place in her lawyer's chamber on 26th October 2016 in which, she alleges, the Petitioner assaulted her, as a result of which NCR No.

0119/2016 was got registered at PS Subji Mandi by the lawyer.

3. Mr. Yadav has provided to Ms. Manju Datt, learned counsel for the Petitioner the present address of Ms. Neha. This is subject to the express assurance of the Petitioner that he will not interfere with Neha's peaceful dwelling at the said present address along with her children. Ms. Datt, on the instructions of the Petitioner who is present in Court, assures the Court that he will abide by the said assurance.

4. Ms. Datt submits that although the Petitioner had earlier instituted proceedings in the Family Court at Tis Hazari Courts for restitution of conjugal rights, those proceedings have subsequently been withdrawn by him since Ms. Neha was not appearing in those proceedings.

5. In the event that the Petitioner hereafter institutes proceedings in the Family Court and seeks any orders concerning visitation rights qua the children he can move an appropriate application in those proceedings.

6. No further directions are called for in this writ petition. It is accordingly disposed of.

S. MURALIDHAR, J.

I.S. MEHTA, J.

MARCH 01, 2018 dc/bh