W.P.(CRL)/1318/2018 of HUMA KHAN Vs THE STATE & ORS

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1318/2018

HUMA KHAN

..... Petitioner

Represented by: Mr.Amit Alok, Adv.

versus

THE STATE & ORS

..... Respondents Mr.Rahul Mehra, Sr. Counsel (Crl.) with Mr.Chaitanya Gosain, Adv. SI Mukesh Yadav, PS Jagat

Represented by:

Puri.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

% 23.08.2018

1. By this petition, the petitioner, inter alia prays:

“(a) Direct the investigating agency to complete the investigation take action against the accused as per law.

(b) Protect the life & liberty of the petitioner from the accused”.

2. Along with the petition, Annexure P-3 is complaint dated 04[th] April,

2018 on which DD 31-A has been recorded. perusal of the said complaint reveals that there is property dispute inter se parties and the petitioner only complains of threat. The same being non cognizable offence, no FIR can be directed to be registered or investigation carried out thereon. The entire petition and complaint only discloses that there is property dispute inter se family members.

W.P.(CRL) 1318/2018

3. The petitioner on the last date of hearing was directed to file the complaint on which he had sought registration of FIR and the complaint to the senior officers.

4. Today, learned counsel has handed-over copy of the complaint which only notes that “we have family property dispute all details as per, I request you to please save me and my family.”

5. Status report has been filed. As per the status report, Kalandara under Sections 107/150 Cr.P.C. was prepared against the petitioner and her husband as also against respondent No.5 and his wife Sazia-respondent No.6 to take preventive measures. Further from the MLC of petitioner-Huma Khan only offence under Sections 323/506 IPC is made out and NCR has rightly been recorded, as no commission of cognizable offence was made out.

There being no material indicating that there is some threat to the petitioner and as no cognizable offence is made out, this Court finds no ground to pass any order in favour of the petitioner. Petition is dismissed.

MUKTA GUPTA, J.

AUGUST 23, 2018 neelam

W.P.(CRL) 1318/2018