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2026 DAILYLAW 17799 (DEL)

XYZ & ORS. v. STATE OF NCT OF DELHI & ORS. & ORS.

W.P.(CRL)/2785/2026 · 2026-09-09

Madhu Jain

Writ Petition (Criminal)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~99 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010427052026 + W.P.(CRL) 2785/2026 & CRL.M.A. 27984/2026 CRL.M.A. 27985/2026 XYZ & ORS. .....Petitioners Through: Mr. Sanjay Padam Jain, Adv. with P-1 in person. versus STATE OF NCT OF DELHI & ORS. .....Respondents Through: Ms. Rupali Bandhopadhya, ASC CORAM: HON'BLE MS. JUSTICE MADHU JAIN O R D E R % 09.09.2026 1. This hearing has been done through hybrid mode. 2. The present writ petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking directions to the respondent authorities for immediate protection of the life of the petitioners and their family members from the alleged continuing threats, intimidation, harassment and criminal acts of Respondent No.4 and his associates, along with appropriate directions for threat assessment, preventive action and fair investigation in accordance with law. 3. It is the case of the petitioners that Petitioner No.1, a divorced woman, married Mohit Singhal on 31.05.2022, who is the real brother of Respondent No.4. Petitioner Nos.2 and 3 are her parents and Petitioner No.4 is her minor son. It is alleged that Respondent No.4 (wrongly mentioned as respondent 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 14/09/2026 at 18:01:23 No.5 in the entire petition) and his family members opposed the marriage and have since been threatening, abusing and harassing the petitioners. 4. It is further the case of the petitioners that Petitioner No.1 lodged a complaint dated 16.10.2024 alleging sexual harassment, intimidation and threats, pursuant to which FIR No.470/2024 was registered at P.S. South Rohini under Sections 354/354A/341/506/509 IPC. Despite registration of the FIR, the alleged threats continued. 5. It is alleged that in August 2026, Respondent No.4 repeatedly visited the petitioners’ residence, accompanied by groups of persons, made threatening calls and extended threats to kill Petitioner No.2 and other family members. He also allegedly visited the workplace of the brother of Petitioner No.1. On 17.08.2026, Respondent No.4, along with his wife, his brother Mohit Singhal and Mohit Singhal’s first wife, allegedly assaulted Petitioners Nos.1 and 2, chased Petitioner No.1 on the road and forcibly snatched her mobile phone. Petitioner No.1 thereafter underwent medical examination at B.R. Ambedkar Hospital, Rohini. 6. The petitioners further allege that threats were also extended concerning Petitioner No.4, the minor son of Petitioner No.1. Petitioner No.1 has also raised an apprehension regarding misuse of her name and signatures in certain business transactions. 7. Learned counsel for the petitioners submits that the threat is continuing and escalating, as is evident from the repeated threats, visits to the residence and workplace of the petitioners and mobilisation of associates. It is submitted that the specific threat extended to Petitioner No.2 to enter his house and kill him gives rise to a genuine and immediate apprehension of serious bodily harm. 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 14/09/2026 at 18:01:23 8. Learned counsel for the petitioners submits that the right to life and personal liberty under Article 21 of the Constitution includes the right to live with dignity and free from violence, intimidation and threats to personal security. The petitioners cannot be expected to wait until the threats materialise into an actual physical attack before seeking protection. 9. Learned counsel for the petitioners further submits that the relief sought is limited to lawful protection, threat assessment and appropriate action in accordance with law, without seeking interference with the investigation. The petitioners also seek preservation and collection of relevant electronic material, including WhatsApp communications, screenshots, videos and call records, for a fair investigation. 10. Learned counsel for the respondent submits that the complaints made by the petitioners are primarily in relation to the use of abusive and filthy language and that no cognizance can be taken on such allegations. It is further submitted that the allegations made by the petitioners are general and vague in nature and do not disclose any specific or credible threat warranting the directions sought in the present petition. 11. Heard learned counsel for the parties and perused the record. 12. It is well settled that the extraordinary jurisdiction of this Court is to be exercised in exceptional circumstances where a clear case of violation of fundamental or legal rights is made out. 13. The petitioners have approached this Court directly without first availing the remedies available to them before the learned jurisdictional Illaqa Magistrate. The FIR is already pending investigation and, therefore, the petitioners, if aggrieved by any aspect of the investigation or seeking appropriate directions in relation thereto, ought to have first approached the 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 14/09/2026 at 18:01:23 learned Judicial Magistrate (hereinafter JMFC) before invoking the extraordinary writ jurisdiction of this Court. 14. No exceptional circumstance has been demonstrated warranting the direct exercise of writ jurisdiction by this Court. The petitioners have an efficacious remedy available before the learned District Court in accordance with law and cannot bypass the statutory mechanism by directly approaching this Court. 15. In view of the aforesaid, this Court is not inclined to entertain the present petition. The petition is, accordingly, dismissed along with the pending applications. It is, however, clarified that the petitioners shall be at liberty to avail of the appropriate remedy before the learned jurisdictional Court in accordance with law. 16. Nothing contained in the present order shall be construed as an expression of opinion on the merits of the allegations made by either party. 17. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 9, 2026/JYH/RM 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 14/09/2026 at 18:01:23