Mr. Izhar v. State of NCT of Delhi

Delhi High Court · 20 May 2025 · 2025:DHC:4067
Girish Kathpalia
W.P(CRL)1680/2025
2025:DHC:4067
criminal petition_allowed

AI Summary

The Delhi High Court held that while it cannot direct registration of an FIR, it can grant police protection to a petitioner facing security threats, directing the police to ensure confidentiality and vigilance at her new residence.

Full Text
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W.P(CRL)1680/2025
HIGH COURT OF DELHI
Date of Decision: 20.05.2025
W.P.(CRL) 1680/2025 & CRL.M.A. 15720/2025
XXXX .....Petitioner
Through: Mr. M.T. Malik
WITH
Mr. Izhar, Advocates.
VERSUS
STATE OF NCT OF DELHI AND ORS .....Respondents
Through: Mr. Anand V. Khatri, ASC
WITH
Anshu Kumari, PS Paharganj and SI
Divya, PS Vasant Kunj North
CORAM: JUSTICE GIRISH KATHPALIA
JUDGMENT
(ORAL)

1. The petitioner has sought directions to SHO PS Paharganj to register FIR for offences under Section 376/354/370/506/120B IPC and also to direct SHO PS Paharganj to provide her police protection as and when needed and also to SHO PS Vasant Kunj to extend all cooperation to SHO Paharganj for investigation.

2. But at the outset, learned counsel for petitioner on instructions of petitioner present in court seeks to confine this petition to police protection, fairly admitting the legal position as regards no scope of writ jurisdiction to GIRISH KATHPALIA Date: 2025.05.20 17:34:58 +05'30' W.P(CRL)1680/2025 pages issue mandamus for registration of FIR.

3. Accordingly, the present petition is confined to the issue of grant of police protection to the petitioner.

4. It is informed by learned ASC on instructions of SI Anshu from PS Paharganj and SI Divya from PS Vasant Kunj North that the petitioner is no longer residing at the address given in the petition, according to their enquiries. The petitioner present in court submits that she has shifted out of Paharganj for security reasons. In order to ensure confidentiality for security of the petitioner, the petitioner has handed over on a piece of paper to learned ASC her current residential address. The learned ASC undertakes to convey a copy of this order to the SHO of the area in which now the petitioner has shifted her residence. The concerned SHO shall ensure complete protection to the petitioner by furnishing her with his mobile phone number and the mobile phone number of the Beat Officer so that the petitioner may contact them in case of any exigency. The SHO concerned shall also ensure increased vigil around the residence of the petitioner.

5. With these directions, the petition stands disposed of. Pending application stands disposed of. (JUDGE) MAY 20, 2025