Disposed

Anup Garg v. State (Govt. of NCT of Delhi) & Ors.

Delhi HC16 Apr 2025W.P.(CRL)/1202/2025

Case brief

AI extract

What is this about?

A writ petition sought police protection against the petitioner's siblings, who allegedly threatened and assaulted him to usurp his property; respondents alleged counter-threats with an FIR naming him accused. The court directed adequate protection, sensitisation of the beat constable, and prompt action on complaints, without commenting on merits.

What did the court decide?

Police protection directed; beat constable to be sensitised; station and constable contact numbers to be provided; prompt action on complaints.

Anup Garg Vs State (Govt. of NCT of Delhi) & Ors. — Property and Title | Delhi HC (2025)

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$~81

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 1202/2025

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ANUP GARG .....Petitioner

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Through: Dr. L.S. Chaudhary, Dr. Ajay Chaudhary, Ms. Vinita, Ms. Monika and Mr. Bharat Chaudhary, Advocates.

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versus

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STATE (GOVT. OF NCT OF DELHI) & ORS. .....Respondents Through: Mr. Sanjeev Bhandari, ASC (Crl.) with Mr. Arjit Sharma and Mr. Nikunj Bindal, Advocates for State. SI Neeraj Saini, P.S. Neb Sarai. Ms. Sima Gulati, Advocate for R-3 & 4.

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CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA

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O R D E R % 16.04.2025

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Issue notice. Counsel mentioned in the appearance above accepts notice. With the consent of counsel for the parties and having regard to the nature of the relief sought, the matter is taken up for final disposal at the stage of admission itself.

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The present petition filed under Article 226 of the Constitution of India, read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeks police protection for safeguarding the Petitioner’s life and property.

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The Petitioner is the brother of Respondents No. 3 and 4. He alleges

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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 02/07/2025 at 00:45:44

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that, with an intent to usurp his property, the said Respondents have been continuously issuing threats to him and his family members. The Petitioner recounts specific incidents dated 16^th April, 2024, 1^st August, 2024, and 23^rd September, 2024, during which he claims to have been threatened and assaulted by Respondents No. 3 and 4. In support of these allegations, the Petitioner relies on photographs and CCTV footage annexed with the petition. In view of the aforementioned alleged incidents, the Petitioner submitted multiple complaints to P.S. Neb Sarai, detailing the events and requesting appropriate action, but to no avail.

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Ms. Sima Gulati, counsel for Respondents No. 3 and 4, disputes the allegations levelled by the Petitioner. She asserts that the Respondents have not issued any threats; rather, it is the Petitioner who has allegedly threatened the Respondents and made attempts to take possession of their property. In this context, FIR No. 150/2025 has been registered at Police Station Kalkaji under Sections 329(4), 332(c), 115(2), 126(2), 351(3), 3, and 5 of the Bharatiya Nyaya Sanhita, 2023, wherein the Petitioner has been named as an accused.

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In response, counsel for Petitioner, points out that there are several FIRs registered against Respondents No. 3 and 4, details whereof have been provided in paragraph no. 8 of the petition.

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Having considered the afore-noted, it appears that disputes between Petitioner and Respondents No. 3 and 4 are property-related. A familial disagreement has seemingly escalated into a matter involving serious allegations of threat to personal safety.

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Nonetheless, since Petitioner alleged that he is under threat at the instance of Respondents No. 3 and 4, the SHO of the concerned Police

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Station is directed to provide adequate protection to the Petitioners. It is directed that the beat constable of the concerned area shall be sensitized in this behalf. Furthermore, the telephone numbers of the concerned Police Station as well as of the beat constable shall also be provided to the Petitioners in order to enable them to contact the officers, in the event of any threat or apprehension.

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If a complaint is received from the Petitioner regarding threats extended by Respondents No. 3 and 4, Respondents No. 1 and 2 shall take prompt action in accordance with law.

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It is clarified that this Court has not expressed any view on the merits of the allegations and counter-allegations made by the parties. All rights and contentions of the parties are left open.

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With the above directions, the present petition is disposed of.

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SANJEEV NARULA, J

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APRIL 16, 2025 as

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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 02/07/2025 at 00:45:44

Anup Garg v. State (Govt. of NCT of Delhi) & Ors.

Case brief

What is this about?

What did the court decide?

Anup Garg v. State (Govt. of NCT of Delhi) & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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