MAYANK AHUJA vs THE COMMISSIONER DELHI POLICE & ORS.
$~87
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 17.04.2025
+ W.P.(CRL) 1230/2025 & CRL.M.A. 11651/2025
MAYANK AHUJA …..Petitioner
Through: Mr. Sachin Puri, Sr. Advocate with Mr. Mukesh Gupta and Mr. Kunal Malhotra, Advocate and complainant de facto
versus
THE COMMISSIONER DELHI POLICE & ORS. …..Respondents
Through: Mr. Anand V. Khatri, ASC for the State/GNCTD
CORAM: JUSTICE GIRISH KATHPALIA
J U D G M E N T (ORAL)
1. The petitioner seeks following reliefs in this writ petition:
(a) Direct the respondents to add relevant provisions of law in the present FIR No. 227/2025 dated 12.04.2025 U/S 308 IPC now called as 110 BNS of 2023 and other provisions us applicable to the present case /FIR against the above said persons;
(b) Direct the respondents to preserve the CCTV footage of the alleged incident;
(c) Direct the respondents to provide police protect to the petitioner and his family members since the petitioner has apprehension of life threat against the above said persons;
(d) Pass any other or further order(s), as this Honble Court may deem fit, just and proper in the present facts and circumstances of case.
2. So far as prayer (a) is concerned, learned ASC after discussing with the Investigating Officer/SI Abhay submits that they are already in the process of obtaining fresh medical opinion from RML Hospital where the complainant de facto went for second examination. Depending upon the outcome of the said opinion, the police shall decide about the offence to be added or not to be added in the FIR. Learned Senior Counsel for petitioner on instructions submits that presently, the petitioner is satisfied with this assurance but seeks leave to approach the concerned Magistrate, if the petitioner/complainant de facto feels aggrieved by the decision of the Investigating Officer on this aspect.
3. So far as prayer (b) is concerned, the Investigating Officer/SI Abhay submits that he has already seized the CCTV footage of both incidents in question and preserved the same. Therefore, this relief also stands granted.
4. So far as prayer (c) is concerned, learned ASC assures that best possible protection shall be extended to the petitioner and his family members. In this regard, the SHO, PS Shalimar Bagh is directed to furnish his mobile phone number as well as mobile phone number of Beat Officer to the petitioner so that in any eventuality, the petitioner may immediately call for police support. It is further directed that the local SHO shall ensure periodic visits of the concerned police officials around the residence and office of the petitioner.
5. In view of the above directions, as submitted by both sides, the petition stands disposed of.
GIRISH KATHPALIA, J
APRIL 17, 2025/rs
W.P.(CRL) 1230/2025 Page 1 of 3 pages