Single judge order dismissing an applicant's application seeking police protection and property restoration in a dispute where a civil suit is pending, holding the petition frivolous.
The application was dismissed with costs of Rs. 10,000/- to be deposited by the applicant.
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RATAN KARMAKAR .....Petitioner
Through: Mr. Ghanshyam Yadav, Advocate.
versus
STATE NCT OF DELHI & ORS. .....Respondents Through: Mr. Sanjay Lao, SC for State with SI Vidyakar Pathak, PS Mohan Garden
CORAM:
HON'BLE MR. JUSTICE GIRISH KATHPALIA
% 23.05.2025 [ Physical Hearing/Hybrid Hearing (as per request)]
CRL.M.A. 16119/2025 (exemption)
CRL.M.A. 16118/2025 (Directions)
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 02/07/2025 at 00:29:12
“It is therefore, most respectfully prayed that in the facts and circumstances of the case this Hon'ble Court may kindly be graciously pleased to:
i) pass an order/direction in the nature thereof directing the respondent no.1 Station House Officer of Police Station Mohan Garden, Delhi-59 to provide necessary protection with adequate safety of property and the life of the petitioner so that they can live peacefully with dignity in the home i.e. WE-8A Rama Park Road, Mohan Garden, Delhi-59.
ii) Direct to the SHO concerned to take legal action respondent no. 2,3,4 and 5 as per law.
iii) Pass an order to compensate the petitioner as deem fit and proper in the light of facts and circumstances of the case.
iv) Pass such other and further order which this Hon’ble Court may deem fit just and proper, in the interest of justice.”
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 02/07/2025 at 00:29:12
so dismissed with costs of Rs.10,000/- to be deposited by the applicant with the DHCLSC within one week.
GIRISH KATHPALIA, J
MAY 23, 2025/ ry
Click here to check corrigendum, if any
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 02/07/2025 at 00:29:12
1 issue framed by the court
Whether the writ petitioner can legitimately utilize police machinery to protect life and property in a dispute where a civil suit is pending.
Ratan Karmaakar
State NCT of Delhi
Girish Kathpalia
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
