Neeta Gupta v. The Commissioner of Police

Delhi High Court · 04 Nov 2015 · 2015:DHC:9185-DB
Siddharth Mridul
W.P.(CRL) 2530/2015
2015:DHC:9185-DB
constitutional petition_allowed

AI Summary

The Delhi High Court directed police to provide adequate protection to a woman petitioner facing threats from her estranged husband, emphasizing the police's duty under Article 226 to safeguard personal liberty.

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W.P.(CRL) 2530/2015
#25 HIGH COURT OF DELHI
Date of Decision: 04.11.2015 NEETA GUPTA ..... Petitioner
Through: Mr. C.M. Sharma, Advocate
VERSUS
THE COMMISSIONER OF POLICE & ORS ..... Respondents
Through: Mr. Sanjay Lao, ASC (Criminal) with SI Mahesh Kumar, PS- Shahbad
Dairy, Delhi for R-1 & R-2
CORAM:
HON’BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
JUDGMENT

1. The present is a petition under Article 226 of the Constitution of India praying as follows:- “(i) Issue a writ of mandamus or any other appropriate writ or order in the nature thereof, directing the respondent No.1 to 2 to take all necessary steps for the adequate safety, protection and security of the petitioner. 2015:DHC:9185-DB

(ii) Issue a writ of mandamus or any other appropriate writ or order in the nature thereof, directing the respondent No.3 not to threat, pressurize the petitioner in any manner whatsoever and also directing the respondent No.3 not to interfere in the personal life and liberty of the petitioner.

(iii) Issue such other writ or pass such other order or direction as may be deemed just and proper in the facts and circumstances of the case.”

2. Notice.

3. Mr. Lao, learned Additional Standing Counsel (Criminal) appearing on behalf of the official respondent on advance notice fairly states that in view of the allegations made by the petitioner against her estranged husband, the police shall afford adequate protection to her.

4. In view of the directions that are proposed to be issued and the circumstance that no orders are being passed against respondent No.3, it is neither just nor necessary to issue notice to the said respondent.

5. Mr. Lao, learned Additional Standing Counsel (Criminal) states that the SHO of the concerned Police Station shall provide adequate protection to the petitioner. The beat constable of the concerned area shall also be sensitized in this behalf. The telephone number of the SHO of the concerned police station as well as the beat constable shall be provided to the petitioner in order to enable latter to contact the former in the event of any threat or apprehension.

6. Ordered accordingly.

7. With above directions the writ petition is disposed of.

8. A copy of this order be given dasti under signatures of Court Master to counsel for the parties.

SIDDHARTH MRIDUL, J NOVEMBER 04, 2015 dn