Muniya vs State
2009 Latest Caselaw 3656 Del

                IN THE HIGH COURT OF DELHI

                  + W.P.(Crl). No. 1171/2009

                            Date of decision: 9th September, 2009

     Muniya                    ... Petitioner
           through: Mr. M.M. Singh and Mr. S.K. Singh, Adv.

                             VERSUS

     State (NCT of Delhi) & Ors.                    ....Respondents
           through: Mr. Sanjeev Bhandari, ASC for the State.

CORAM:
HON'BLE MS. JUSTICE GITA MITTAL

        1. Whether reporters of local papers may be allowed to see
             the Judgment?
        2. To be referred to the Reporter or not?
        3. Whether the judgment should be reported in the Digest?

GITA MITTAL, J(Oral)

1.    By this petition, the petitioner has complained that he and his

family have been attacked and compelled to leave their residence on

account of certain incidents in the Madangir area.    The petitioner's

grievance is that despite their seeking police protection and help, the

same has not been provided resulting in the petitioner and his family

being compelled to leave their home.     The petitioner also claims to

have been a police informer on whose information several crimes have

been solved in the area.      A prayer is made in this petition for

directions to the respondent to restore the petitioner and his family

members to their house and to provide adequate protection to them.
                                  -2-

2.   A reply has been filed on behalf of the respondents under the

signatures of the SHO of the police station Ambedkar Nagar pointing

out several instances in which the petitioner stands implicated and the

cases which are allegedly pending against him.            It has been

complained that the petition is a result of animosity between different

groups of people in the Madangir area and that the petition is a

pressure tactic on the part of the petitioner to demoralise the other

residents of H-1st Block, Madangir, New Delhi.

3.   I have heard learned counsel for the parties. It cannot be denied

that even a person who stands implicated in criminal cases is entitled

to equal protection of law.    In case of any threat to his life and

property, every citizen is entitled to seek the assistance of the police

for protection thereof and the police is bound to provide the same.

Therefore, the implication of the petitioner in cases which have been

registered by the police would not disentitle either him or his family

members to protection of their life and property.

     Accordingly, this petition is disposed of with a direction to the

respondents to ensure that as and when they are approached by the

petitioner or his family with a complaint against any person, the same

shall be inquired/investigated into in accordance with law.
                                  -3-

Furthermore, any request for protection or assistance made by the

petitioner or his family members shall also be examined and action in

accordance with law taken thereon.

     This writ petition is disposed of in the above terms.

     It is made clear that nothing herein contained is an expression of

opinion on the merits of the case urged by the parties against each

other.

     Dasti to parties.



                                       Gita Mittal, J.

September 09, 2009 kr