W.P.(CRL)/2047/2016 of HARMINDER SINGH Vs THE STATE (NCT OF DELHI) & ORS

$~21*INTHEHIGHCOURTOFDELHIATNEWDELHI+W.P.(CRL) 2047/2016HARMINDER SINGH..... PetitionerThrough :Mr. Rajan Bajaj, Adv.versusTHE STATE (NCT OF DELHI) & ORS..... RespondentsThrough :Mr. Avi Singh, ASC with InspectorVivek Maheshwari PS Delhi Cantt.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAKO R R%09.09.2016

Learned counsel for petitioner submits that Kaushal @ Kimmi isaccused in FIR No.396/2015 under Section 302 IPC registered at police stationDelhi Cantt. Petitioner’s son is witness in the said FIR. Kaushal @ Kimmihas not been arrested in the said case and he is absconding.In order to putpressure on the petitioner’s son not to depose in the said matter, Kaushal @Kimmi and his associates have been threatening the petitioner and his familymembers. On 14[th]June, 2016 at about 12:40 am, somebody knocked his doorand when his son Uminder Singh opened the door, gun shot was fired.Petitioner’s son saw Kaushal @ Kimmi outside the house and on seeing him hesat in the car and fled away. Some other persons were also sitting in the saidcar. On the complaint of petitioner’s son, FIR No.214/2016 under Section 440IPC and 27/54/59 of the Arms Act was registered at police station Delhi Cantton 14[th]June, 2016.Petitioner and his family apprehend danger their lives

from Kaushal @ Kimmi. It is further submitted that even prior to registrationof the FIR under Section 302 IPC, Kaushal @ Kimmi had fired on petitioner’sson in respect whereof FIR No.264/2015 under Sections 307/506/34 IPC and25(54), 27 & 59 of the Arms Act was registered.

Status report has been filed.Learned additional standing counselsubmits that name of accused is Ghan Shyam @ Kaushal @ Kimmi and he isabsconding. Efforts are being made to arrest him. It is further submitted thaton the complaint of petitioner’s son, FIRs have already been registered andinvestigations are pending. request letter dated 29[th]July, 2016 has alreadybeen written by the office of Deputy Commissioner of Police, South WestDistrict to Police Headquarters to assess the threat perception in respect ofpetitioner and his family members.It is further submitted that, in theinterregnum, the local police of police station Delhi Cantt. is ensuring thesafety and security of the petitioner and his family, by making regular visits athis residence as well as through specific patrolling in the area in odd hours.

In the above facts, writ petition is disposed of with the directions torespondent no.2 to ensure the safety of petitioner and his family members bytaking appropriate measures, till the time accused is apprehended.

SEPTEMBER 09, 2016/dk

A.K. PATHAK, J.