Disposed

Naaz v. the State (G.N.C.T. of Delhi) & Ors.

Delhi HC19 Nov 2024W.P.(CRL)/981/2023

Case brief

AI extract

What is this about?

Writ petition seeking police protection and restoration of premises due to alleged illegal dispossession and threats. The Court noted an inquiry had been filed and civil proceedings were pending. The petition was disposed of by allowing the petitioner to seek appropriate remedies in accordance with law while ensuring complaint mechanism was active.

What did the court decide?

Petitioner at liberty to seek appropriate remedies; police directed to look into further complaints.

Naaz Vs the State (G.N.C.T. of Delhi) & Ors. — Writ and Judicial Review | Delhi HC (2024)

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$~41

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IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 981/2023 & CRL. M.A. 9015/2023 NAAZ

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.....Petitioner Through: Mr. Sanjiv Kumar Vashisht, Advocate.

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versus

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THE STATE (G.N.C.T. OF DELHI) & ORS.

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.....Respondents Through: Mr. Sanjeev Bhandari, ASC (Criminal) along with Ms. Charu Sharma, Mr. Arijit Sharma, Mr. Vaibhav Vats and Mr. Nikunj Bindal, Advocates for State along with SI Sandeep P.S. Malviya Nagar.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R

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% 19.11.2024

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By way of the present petition, the petitioner seeks the following prayers:

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“In view of the aforesaid submissions, it is therefore most respectfully prayed that this Hon'ble court would graciously be pleased to issue a writ of mandamus or any other appropriate writ/writs directing the respondents no.l to 4 to provide protection of police aid to the life, liberty, safety and property of the petitioner and his family members in accordance with the law.

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Further the respondents No. 1 to 4 be directed to remove the lock which has been illegally put on the main door of the entrance of the residence of the petitioner and she and her children be allowed to enter the premises of their residence and their removed articles be recovered and returned back to them and action be taken against the miscreants for committing the aforesaid illegal acts.

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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 21/11/2024 at 12:32:24

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Further the miscreants, themselves, and their relations and acquaintances be also directed from not interfering into, causing harassment, annoyance and intimidation etc. in the peaceful life of the petitioner and his family members.”

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Learned counsel for the petitioner submits that the petitioner was occupying the property bearing no. C-318, second floor, situated at Kuraishi Mohalla, Chirag Delhi, New Delhi-110017 and was illegally dispossessed. He submits that the petitioner is also apprehending threats at the hand of the private respondent for which numerous complaints have been made, however, no action has been taken. He further submits that even the petitioner has not been made to join any inquiry proceedings. Learned counsel during the course of arguments has referred to various RTI applications filed and the response received which stated that the inquiry was entrusted to one HC Manoj Kumar and the same was pending.

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Learned ASC for the State, on the other hand, submits that though the mobile number of the SHO and beat constable was provided, learned counsel for the petitioner disputes the same. It was further submitted that after conducting inquiry into the petitioner’s complaint, the same has been filed.

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During the course of hearing it has been informed that the petitioner has already approached civil court by way of a suit filed under Section 6 of the Specific Relief Act, wherein a status quo order has been passed. Insofar as the prayer for providing protection to the petitioner and her children is concerned, learned ASC states that mobile number of the SHO (ph. 8750870822 ) and beat constable (ph. 8010616324 ) , which have been recorded in the order sheet, would be provided today itself.

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Considering that the petitioner’s complaint has been looked into, inquired and filed, the petitioner would be at liberty to seek appropriate remedy in accordance with law.

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Needless to state that in case the petitioner approaches the concerned SHO with any further complaints regarding threat perception, the same would be duly looked into and steps would be taken to ensure that no harm is extended to the petitioner and her children.

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In case, any other complaint is pending with the concerned SHO, the same would also be looked into in accordance with law.

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DASTI .

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MANOJ KUMAR OHRI, J

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NOVEMBER 19, 2024/ ssc

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This is a digitally signed order.

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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 21/11/2024 at 12:32:24

Naaz v. the State (G.N.C.T. of Delhi) & Ors.

Case brief

What is this about?

What did the court decide?

Naaz v. the State (G.N.C.T. of Delhi) & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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