The Court disposed of a writ petition seeking direction to lodge an FIR and ensure safety, holding that the core relief was addressed via preventive action and that the petitioner could avail other legal remedies.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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H S SHARMA ..... Petitioner Through: Petitioner in person versus STATE GOVT OF NCT OF DELHI ..... Respondent Through: Mr. Amol Sinha, ASC for State
CORAM: HON'BLE MS. JUSTICE JYOTI SINGH O R D E R % 14.02.2024
“A. Issue an appropriate Writ/Order direction in the nature of Mandamus commanding the Respondent to lodge an FIR against the accused persons as mentioned in Complaint no. 80 date 23.06.2022 at Police Station-Hauz Khas, Delhi in the interest of Justice.
B. Issue an appropriate Writ/Order direction in nature of Mandamus commanding the Respondent to ensure the safety and security of the Petitioner and his staff, life, liberty and property.”
Page 1 of 2
W.P.(CRL) 1423/2022
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:46:56
also made a complaint against the Petitioner and his son alleging that after the property was desealed by MCD in 2021 and Jaivir entered the property, he found that the staircase to his property had been broken by the Petitioner and he had also installed an air conditioner near the stairs. Jaivir also alleged that Petitioner threatened to implicate him in false criminal cases. Inquiry was conducted into both the complaints and apprehending breach of peace preventive action under Section 107/150 Cr.P.C. was taken against both the parties. No substance was found in the allegation of the Petitioner that nephew of Jaivir trespassed into his property and/or Jaivir and his associates threatened him. Nonetheless, as directed by this Court, mobile numbers of Beat Officer and concerned SHO have been provided to the Petitioner and Petitioner is in constant touch with them. In case of any further need or assistance, Petitioner is at liberty to contact on the said mobile numbers and necessary assistance shall be provided, as per law.
JYOTI SINGH, J
FEBRUARY 14, 2024/NS/shivam
Page 2 of 2
W.P.(CRL) 1423/2022
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/12/2024 at 15:46:56
1 issue framed by the court
Whether the High Court should direct the police to lodge an FIR regarding allegations of trespass and threat.
1 provisions across 1 enactments
H S Sharma
State Govt of NCT of Delhi
Jyoti Singh
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
