A writ petition filed by an advocate seeking protection from police due to apprehensions arising from neighborhood disputes. The court directed the SHO to continue vigil and ensure safety.
Directed SHO to continue vigil at petitioner's house and ensure safety. Directed beat constable to intermittently meet petitioner.
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MS NISHA ARYA ..... Petitioner Through: Mr.J.C.Mahindroo, Adv.
versus
STATE (GOVT OF NCT OF DELHI) ..... Respondent Through: Mr.Rajesh Mahajan, ASC. Ms.Saahila Lamba, Adv. for R-6.
CORAM: HON'BLE MR. JUSTICE ASHUTOSH KUMAR
O R D E R % 18.04.2017
The petitioner, who is a practising advocate of Delhi Courts, seeks protection from the police as she apprehends further trouble at the hands of the respondents. It is stated that for the first time, dispute arose with her neighbours with respect to parking of her car. Several cases have been filed by her alleging acts of assault and having received injuries at the hands of the respondents. The respondents also have filed cases against the petitioner.
Be that as it may, the petitioner has to be protected and it would be the bounden duty of the respondent/police authorities to provide protection to every citizen including the petitioner.
The status report dated 13.01.2017 specially states that on the basis of the complaint lodged by the petitioner, beat constable of the area was specifically directed to take frequent rounds near the house of the petitioner to ensure the safety and security of her and her family members. The mobile
telephone number of the beat constable and local controlling officer was provided to the petitioner so that in case of any emergency, she could have contact the police.
This Court has been informed that preventive action under Section 107/150 of the Cr.P.C has also been initiated against the parties and the Kalandra is pending before the Executive Magistrate.
This petition is being disposed with a direction to the SHO of the concerned police station to continue keeping vigil at the house of the petitioner to ensure that no harm is caused to her. The other neighbours, some of whom have been impleaded as respondents in this case, also need to be protected. The beat constable would intermittently meet the petitioner to instil confidence in her that she is being looked after and in case of any trouble, police would come to her rescue.
With the aforesaid direction, the present petition is disposed of. Order dasti.
ASHUTOSH KUMAR, J
APRIL 18, 2017 k
1 issue framed by the court
Whether to direct police authorities to continue providing protection to the petitioner given apprehensions of further trouble.
1 provisions across 1 enactments
Ms. Nisha Arya
State (Govt of NCT of Delhi)
Ashutosh Kumar
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
