Mr. Rishabh Sahu SPC with Mr. Sameer Sharma Adv and Mr. Vikash Chauhan Adv v. STATE

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3177/2024 VINAKSHI SINGH & ANR. .....Petitioner Through: Mr. Rishabh Sahu SPC with Mr. Sameer Sharma Adv and Mr. Vikash Chauhan Adv. versus STATE (GOVT. OF NCT OF DELHI) & ORS. .....Respondent Through: Mr. Anand V. Khatri, ASC for State with Mr. Adietya Khatri Advocate and SI Arun Kumar PS Hazarat Nizamuddin. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 11.11.2025 1. A Criminal Writ Petition under Article 226 & 227 Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the Petitioners seeking directions to Respondent No.1 and 2 to provide Police Protection to the Petitioners and the family members at the hands of Respondent No.5 to 7 who have been continuously threatening and intimidating the Petitioners and also for holding an Enquiry in respect of unauthorized construction on the double storey building in the aforesaid property. 2. It is submitted in the Petition that the Petitioners have been suffering undue harassment, wrongful restraints, obstruction and use of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/11/2025 at 13:04:38 abusive/obscene and un-parliamentary language by Respondent No.5 to 7 since long which is ongoing. No heed has been paid by the local Police officials for protecting the life, limb and health of the Petitioners and his innocent family members. 3. The Petitioners had raised their voice against illegal and unauthorized construction activity being carried out by the Respondent No.5 to 7 at or adjacent to the residential house of the Petitioners, in violation of the law of the land and the directions issued by the Supreme Court, NGT and this Court, in open day light without fear of law of land. Their repeated requests have been ignored by the Respondents, who continue with their activities with ulterior motive. Complaints have been filed by the Petitioners against Respondent No.5, 6 and 7 with Respondent No.1 to 4, but no action has been taken. The photographs have been filed before the Police Authorities as well as MCD, but Respondent No.1 and 5 have threatened the Petitioner that if they make any Complaint against him, they would have to face dire consequences. 4. The Petitioners have filed various Complaints against Respondent No.5 to 7 before the other Respondents, to stop the unauthorized and unlawful illegal activity of unauthorized construction being carried out openly after making encroachments and also to stop public nuisance being inflicted daily and to save their life, limb and health. 5. It is asserted that all the properties were allotted by the Government Authority for construction of double storey building property i.e. Ground Floor and First Floor only and no person including Respondent No.5, can construct Third or Fourth Floor as it is against the Rules and Regulations. However, with the help of Respondent No.1, 3 and 4, Respondent No.5 has This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/11/2025 at 13:04:38 constructed Second and Third Floor on the aforesaid property illegally and unlawfully without obtaining Sanction from the Government Authorities. The Respondent No.5 in connivance with Respondent No.6 and 7 have threatened, locked the common passage, stopped the water tank supply installed at the top of the property in question, chased and followed the interns appointed and working with the Petitioners for their professional work and have implicated innocent persons in false cases. 6. The Petitioners have come to know that there was a case registered against Respondent No.5 by the CBI and he remained in custody for his illegal acts. Furthermore, there are various Complaint registered against Respondent No.5 in the Police Chowki Jangpura, Delhi by other persons as well. 7. The Petitioners and their family has lawful ownership and possession of property bearing Flat No.8/11, First Floor, Jangpura Extension, New Delhi and the basic structure of their property is getting affected by unlawful constructions being carried out by the Respondents, resulting in a risk to their life, limb and health of the Petitioner and the family members. The Respondent No.5, 7 and his daughter has called an named the office staff of the Petitioners including the driver and threatened to book them in SC/ST Act with threat to throw him down from the stairs while the Respondents came together from their terrace as two buildings are adjoining to each other. 8. SI Jagbir Singh who was on call, came to the site and he was a witness to the un-parliamentary and abusive language used by the Respondents. Moreover, Respondent No.5 has threatened to repeat the same. The Respondents throw the dog’s waste in the water tank because of This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/11/2025 at 13:04:38 which the Petitioner No.1 has suffered twice in past two years from Typhoid. The driver of the Petitioner No.1 made the video of the tank with germs floating. 9. Shockingly, in the year 2023 Respondent No.5 along with his family members brutally assaulted and used criminal force against a lady who was a lawyer and 70% blind, just for feeding the street dogs. There is continuous threat, harassment, wrongful restraint, obstruction by Respondent No.5 to 7 which has resulted in nervousness, mental trauma, physical pain and they are afraid of their life and liberty. 10. Hence, a prayer is made that the direction be issued to Respondent No.1 and 2 to provide Police protection to the Petitioners and their family members against Respondent No.5, 6 and 7 and also to direct Respondent No.3 and 4 to conduct and set up an Enquiry in the present case. 11. The learned Counsel on behalf of the Petitioner submits that despite best efforts, no Settlement could be arrived at between the parties. There is a persistent and continuous nuisance and threat to the life and security of the Complainant. 12. These assertions have been denied by Respondent No.5 to 7 who have submitted that no such acts of threats have been extended by them. 13. Learned ASC for the State submits that in case any Complaint disclosing cognizable offence is received, the Police shall act in accordance with law. Submissions heard. 14. The Petitioner agrees to appoint a Security Guard at her own expense to ensure her personal protection and also of her client, to which the Respondents have “No Objection”. Furthermore, the Police is directed to This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/11/2025 at 13:04:38 act in accordance with law in case any Complaint is made by either party. 15. The Petition is accordingly disposed of. NEENA BANSAL KRISHNA, J NOVEMBER 11, 2025/va