Delhi High Court - Orders
Kashi & Anr vs Government Of N.C.T Of Delhi & Anr on 21 November, 2022
Author: Talwant Singh
Bench: Talwant Singh
$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2773/2022 & CRL.M.A. 24064/2022
KASHI & ANR. ..... Petitioners
Through: Mr. Kamran Malik & Mr. Rizvi
Choudhary, Advs.
versus
GOVERNMENT OF N.C.T OF DELHI & ANR. ..... Respondents
Through: Mr. Yasir Rauf Ansari, ASC with Mr.
Adeeb-Ul-Hasan, Adv. for State.
ASI Aziz Ahmed, PS Tigri.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 21.11.2022
CRL.M.A. 24064/2022
1. Allowed, subject to all just exceptions.
W.P.(CRL) 2773/2022
2. This is a writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for issuance of appropriate writ, order or direction against the respondent no.1 and 2, to provide appropriate protection to the petitioners.
3. Issue notice. Mr. Yasir Rauf Ansari, ASC accepts notice on behalf of the State. Notice be served to respondent no.2 be served through process fee, registered A.D., speed post, courier, ordinary mode through process server as well as through electronic mode on taking necessary steps by the petitioner within two weeks from today.
W.P.(CRL) 2773/2022 page 1 of 2 Signature Not Verified Signed By:HARIOM Signing Date:22.11.2022 12:19:44
4. Learned ASC has submitted that an FIR has been registered at the instance of respondent no.2, which is under investigation and the petitioners are not joining the said investigation.
5. Learned counsel for the petitioners submits that the police officials are unnecessary harassing the petitioners as it is an inter-faith marriage.
6. In my view, there cannot be any protection in a writ petition in a case where there is already an FIR registered and the petitioners are not joining investigation, however, the learned ASC is requested to share the mobile numbers of the concerned beat officer and the SHO with the learned counsel for the petitioner today itself and in case of any threat of physical harm to the petitioners, they may approach the concerned SHO and beat officer.
7. This is not to be construed as an order of anticipatory bail in FIR No. 430/2022 under Section 365 IPC, registered at PS Tigri.
8. List this matter on 17.02.2023.
9. A copy of this order be given dasti under the signature of Court Master.
TALWANT SINGH, J NOVEMBER 21, 2022/nk Click here to check corrigendum, if any Signature Not Verified Signed By:HARIOM Signing Date:22.11.2022 12:19:44