S vs JEET SINGH & ANR.

2024-05-16 Information

$~93
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CONT.CAS(C) 808/2024 & CM APPL. 29291/2024
S ….. Petitioner
Through: Ms. Mumtaz Ahmad and Mr. Satish Sharma, Advocates along with the petitioner in person.
versus

JEET SINGH & ANR. ….. Respondents
Through: Mr. Jawahar Raja, ASC (Civil), GNCTD with Ms. Aditi Saraswat, Advocate for R-1 &2 along with IO Faiyaz Ahmad and Inspt. Niraj Kumar, PS Sarita Vihar.

% Date of Decision: 16th May, 2024

CORAM:
HON’BLE MS. JUSTICE MINI PUSHKARNA
J U D G M E N T
MINI PUSHKARNA, J: (ORAL)
CM APPL. 29291/2024 (For Exemption)

1. Exemption allowed, subject to just exceptions.
2. Application is disposed of.
CONT.CAS(C) 808/2024

3. The present petition has been filed alleging wilful disobedience of the order dated 19th December, 2023 passed in W.P. (Crl) No.3752/2023. By the aforesaid order, the following directions had been passed :-
1. By way of the present petition filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, the petitioner seeks directions to the respondent nos.1 and 2 to provide protection to the petitioner and her minor children from the respondent nos.3 to 5 and to further take strict action against the respondent nos.3 to 5 for circulating anything obscene to the petitioner in any manner over social media.

2. It is the case of the petitioner that the respondent nos.3 to 5 are the
relatives of the petitioner who had stalked the petitioner on social media and had also threatened her of dire consequences. Learned counsel for the petitioner further submits that FIR No.303/2023 was also registered against the respondent nos.3 to 5 on 30.06.2023 under Sections 506/509/34 IPC at PS: Sarita Vihar, Delhi, however despite that the respondent nso.3 to 5 circulated the contact details of the petitioner everywhere through the help of social media, whereafter she has been receiving obscene photos, videos, voice recordings on her mobile phone from the respondent nos.3 to 5 and other unknown persons.

3. Learned counsel for the petitioner, on instructions from the petitioner present in person, submits that the petitioner is eager to initiate appropriate proceedings against the respondent nos.3 to 5 in the appropriate Court(s) of law.

4. In the meanwhile and in view of the submissions made, the petition
is allowed and the petitioner shall be free to call or get in touch with either the SHO (Insp. Jeet Singh +918750870921) or the Beat Constable (+919818289948) PS: Sarita Vihar, Delhi, as and when the need so arises.

5. Needless to say that the SHO and the Beat Constable concerned shall also take all possible steps to provide adequate assistance and protection, as and when needed to the petitioner, in accordance with law.

6. Accordingly, the present petition stands disposed of.

4. Learned counsel appearing for the petitioner submits that though there are categorical directions that the petitioner is free to call and get in touch with the SHO and Beat Constable of Police Station (P.S.) Saraswati Vihar, as and when needed, however, the said officials have not been taking the calls of the petitioner. She further submits that the petitioner has received threats from Mr. Saleem, Mr. Raheem and Mr. Khurshid, who are the family relatives and members of extended family of the petitioner, with respect to her abduction. Thus, it is submitted that the petitioner is living under a great threat along with her husband and three minor children.
5. Learned counsel for the petitioner submits that the aforesaid three persons have still not been apprehended even though an FIR had been lodged way back on 30th January, 2023.
6. During the course of hearing, it transpires that the petitioner had posted certain photographs on her Facebook, on account of which, she started receiving certain threats from the aforesaid persons.
7. Learned counsel appearing for the respondents, on advance notice, submits that the respondents are complying with the directions passed by this Court and are extending all cooperation to the petitioner in order to ensure her protection from any threat. He further submits that the phone calls made by the petitioner are also being attended by the police officials. He further submits that the house of the petitioner is right across the Police Chowki, Pocket -2, Jasola, New Delhi.
8. Learned counsel appearing for the respondents further submits that the efforts are being made by the police to apprehend the aforesaid three persons, against whom an FIR has been lodged. He further submits that the police officials have also visited Mewar to apprehend the aforesaid persons. It is submitted that notice under Section 41A of the Cr.P.C. has also been issued to the relatives of the aforesaid three persons and their statements have already been recorded.
9. Having heard learned counsels for the parties, following directions are passed:-
(i) The petitioner shall change her phone number, as the same has been stated to have been made public on the social media.
(ii) The petitioner shall ensure that her Facebook account is made private, so that it is not accessible by the general public.
(iii) It is directed that the police officials of Police Chowki, Pocket -2, Jasola, New Delhi, shall put a camera which faces the entry/exit of the house of the petitioner, so that various persons visiting the house of the petitioner, can be monitored by the police, to ensure that the aforesaid persons, who are troubling the petitioner, do not harass her at her residents.
(iv) It is further directed that the respondents shall attend to the calls of the petitioner as and when needs so arises, in terms of the directions issued vide order dated 19th December, 2023 passed in W.P. (Crl) No.3752/2023.
(v) It is expected that the police officials shall make earnest efforts to apprehend the aforesaid three persons against whom the FIR has been lodged.
10. With the aforesaid directions, the present petition is disposed of.

MINI PUSHKARNA, J
MAY 16, 2024
mk

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