Xxxxx Vs State of NCT of Delhi and Ors. — Delhi HC (2025) — LawSathi Research

Xxxxx Vs State of NCT of Delhi and Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of with protective directions: State to provide protection to the petitioner; ACP, Daryaganj to share Beat Constable and Division Officer mobile numbers, counsel the area staff, and ensure a daily call by the Beat Constable at about 5 PM for two weeks; liberty granted to move the Trial Court for preservation of CDR and CCTV footage of PS Patel Nagar.

Issue for consideration

Whether the petitioner, who alleges threats to her life from a private person and from officials of Police Station Patel Nagar, is entitled to protection, safety and security from the State. +1 more

Court's answer

It is the duty of the State to provide safety and security to all citizens; the State is directed to provide protection to the petitioner to ensure that no harm befalls her.

Ratio / Principle

ACP, Daryaganj is directed to share the mobile numbers of the Beat Constable and Division Officer with the petitioner, suitably counsel the Beat Staff and Division Officer, and ensure the Beat Constable telephones the petitioner at least once every day for the next two weeks at about 5 PM to ensure no harm is caused to her.

Key takeaways

Liberty is granted to the petitioner to file an application before the Trial Court for preservation of the CDR and CCTV footage of Police Station Patel Nagar.ratio¶30

Detailed headnote1 paragraphs

Delhi High Court (Ravinder Dudeja, J.), by order dated 11.09.2025, disposed of a writ petition (W.P.(CRL) 2923/2025) by a complainant who, after complaining against a private person at Police Station Patel Nagar and pursuing proceedings under Section 223 BNSS, 2023 (200 Cr.P.C.) and Section 175(3) BNSS, 2023 [156(3) Cr.P.C.], alleged threats to her life from the private person and from officials of the said police station. Holding that it is the duty of the State to provide safety and security to all citizens, the Court directed the State to protect the petitioner; further directed the ACP, Daryaganj to share the mobile numbers of the Beat Constable and Division Officer, counsel the area staff, and ensure a daily telephone call by the Beat Constable at about 5 PM for two weeks; and granted liberty to seek preservation of CDR and CCTV footage before the Trial Court.

$~77

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 2923/2025 & CRL.M.A. 27203/2025 FOR DIRECTION TO RESP. TO ENSURE THAT NO COERCIVE ACTION, HARASSMENT ORINTIMIDATION IS CARRIED OUT AGAINST THE PETITIONER

XXXXX .....Petitioner

Through: Mr. Priyanshu Upadhyay, Mr. Akash Bansal, Ms. Sonali Handa, Advs.

versus

STATE OF NCT OF DELHI AND ORS. .....Respondent Through: Mr. Anand V Khatri, ASC with Insp. Sumit Kumar, SI Dharmendra Sharma, PS Patel Nagar.

CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R % 11.09.2025

W.P.(CRL) 2923/2025

This is a writ petition filed by the petition with the following prayers: “In view of the premise stated hereinabove, it is most respectfully prayed that the Hon"ble Court may be pleased to

a) Issue an appropriate writ, order or direction including a writ of mandamus directing the Respondents to conduct an independent inquiry/fair investigation by a specialised agency not connected with the police station Patel Nagar, into the petitioner’s complaint dated 19.06.2025 and the reprehensible incident which took place at the police station Patel Nagar and at the

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 15/09/2025 at 12:14:34

RML hospital on the intervening night of 25-26^th august, 2025;

b) Issue an appropriate writ, order or direction including a writ of mandamus directing the respondents to take strict actions against the concerned delinquent police officials for their illegal and unlawful acts of harassment meted out to the petitioner;

c) Issue an appropriate writ, order or direction including a writ of mandamus directing the respondents to preserve, secure and place on record before this Hon'ble court the CCTV footages of all the cameras installed inside and around the police station Patel Nagar and RML hospital for the time period from 3 30 pm on 25 08.2025 to 4 00 am on 26.08 2025 as well as the CCTV footages of all the cameras installed by the GNCTD and/or private residents near the police station and the RML hospital for the above period as well as the call detail records of the IO and other police officials for the said period;

d) Issue an appropriate writ, order or direction including a writ of mandamus directing the Respondents to adequately compensate the Petitioner for the ex-facie egregious acts of the police officers culpable of violating the fundamental rights of the Petitioner as guaranteed under the Constitution of India, 1950, e) Pass such order(s) which the Hon’ble Court deems fit in the facts of the case”

The Ld. Counsel for the petitioner submits that the petitioner had made a complaint against a private person at Police Station Patel Nagar but no action was taken on her complaint whereupon she filed a complaint under Section 223 BNSS, 2023 (200 Cr.P.C.) and an application under Section 175(3) BNSS, 2023 [156(3) Cr.P.C.] against the concerned private persons. Upon such complaint the Court directed the Police to file the action taken report.

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 15/09/2025 at 12:14:34

It is submitted that on 23.08.2025, petitioner received a call from the Investigating Officer who pressurized her to withdraw her complaint and on 25.08.2025 she was called to the police station to join investigation. When she went to the police station, the private person Om Prakash against whom she had made the complaint was already present at the police station. He along with the Investigation Officer and other police officials assaulted the petitioner and pressurized her to take back her complaint. Petitioner made phone calls at 112 number many times but the same was not responded. She managed to run away from the police station and called the PCR to take her for the MLC but her request was not accepted as she was asked to first make call at 112.

It is submitted that petitioner along with her mother and sister went to RML hospital but was not medically examined by the doctor saying that it was not the jurisdictional hospital.

The Ld. Counsel submits that petitioner has threats to her life from the private person Om Prakash as also from the officials of the Police Station Patel Nagar and therefore, confines his prayer in the present petition to the extent of providing safety and security to the petitioner.

It is the duty of the State to provide safety and security to all the citizen and this Court being a Constitutional Court is expected to further the Constitutional rights of the petitioner. State is therefore directed to provide protection to the petitioner to ensure that no harm befalls to her.

Petitioner is stated to be residing in Daryaganj. The petition is disposed of with direction to ACP, Daryaganj to share mobile numbers of the Beat Constable and the Division Officer of the area with the petitioner so that in case of any need, the petitioner may immediately contact such

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 15/09/2025 at 12:14:34

persons. ACP is further directed to suitably counsel the Beat Staff and the Division Officer of the area and direct the Beat Constable to make telephone call at least once every day for the next two weeks to the petitioner at about 5 PM and ensure that no harm is caused to the petitioner.

The Ld. Counsel for the petitioner submits that he may be granted liberty to file application before the Trial Court for preservation of the CDR and CCTV footage of the Police Station Patel Nagar. He is granted such liberty.

Petition accordingly stands disposed of.

RAVINDER DUDEJA, J

SEPTEMBER 11, 2025/lks/sk

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 15/09/2025 at 12:14:34