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2026 DAILYLAW 18569 (DEL)

VIJENDRA KUMAR KAUSHIK & ANR. v. UNION OF INDIA & ORS.

W.P.(CRL)/2846/2026 · 2026-09-16

Madhu Jain

Writ Petition (Criminal)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

$~93 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010437912026 + W.P.(CRL) 2846/2026 VIJENDRA KUMAR KAUSHIK & ANR. .....Petitioners Through: Mr. Jetendra Singh and Ms. Priyanka Singh, Advs. with petitioner-in-person versus UNION OF INDIA & ORS. .....Respondents Through: Mr. Raj Kumar, CGSC and Mr. Sambhav Sharma, GP for R1. Mr. Amol Sinha, ASC with Mr. Kshitiz Garg, Mr. Ashvini Kumar, Mr. Nitish Dhawan, Ms. Chavi Lazarus, Advs. SI Sandeep Bishnoi, PS Mayapuri, Delhi CORAM: HON’BLE MS. JUSTICE MADHU JAIN O R D E R % 16.09.2026 1. This hearing has been done through hybrid mode. CRL.M.A. 28599/2026 (exemption) 2. Allowed, subject to all just exceptions. Accordingly, the application is disposed of. W.P.(CRL) 2846/2026 3. The present petition has been filed under Article 226/227 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as the ‘BNSS’) seeking following reliefs: 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 18/09/2026 at 11:52:42 “A. Issue an appropriate writ, order or direction, particularly a Writ of Mandamus, directing Respondents to provide immediate and effective police protection to the Petitioners, who are senior citizens, for safeguarding their life, liberty, dignity and property; B. Direct Respondents to immediately act upon the complaint of the Petitioners regarding the incident dated 25.08.2026 and take appropriate action in accordance with law; C. Direct the concerned police authorities to ensure that accused persons and their associates do not threaten, assault, intimidate, trespass upon, forcibly enter into or unlawfully interfere with the peaceful possession and residence of the Petitioners at WZ- 186, Lajwanti Garden, New Delhi; D. Pass such other and further order(s) as this Hon’ble Court may deem fit and proper in the interest of justice.” 4. Learned counsel for the respondents, who appears on advance notice, submits that the present matter pertains to a property dispute. It is submitted that, during the pendency of the dispute, a stay was granted by the Civil Court; however, the said stay was subsequently vacated. Thereafter, the opposite party, under the impression that they could now enter the property, attempted to enter the house. When the petitioners made a call and the police arrived at the spot, the opposite party was asked to leave the property and seek appropriate orders from the Court before entering the property. Accordingly, they left the property. It is further submitted that, thereafter, no complaint has been received from the petitioners alleging that the accused persons attempted to forcibly enter the property. 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 18/09/2026 at 11:52:42 5. He further submits that a case under Section 420 of the Indian Penal Code, 1860 (hereinafter referred to as the ‘IPC’), wherein the petitioner is the complainant, is also pending trial. Since the said FIR under Section 420 IPC, wherein the petitioner is the complainant, is already pending trial, the complainant may move an appropriate application before the Witness Protection Committee of the concerned District. 6. In the meanwhile, the concerned Station House Officer and the Beat Officer are directed to provide their mobile numbers to the petitioner, who may contact them for necessary police assistance in case of any need. 7. Upon filing the appropriate application before the Witness Protection Committee of the concerned District, the learned District Judge is directed to dispose of the same within a period of one month from the date of filing of the application. 8. With these observations, the present petition is disposed of. Pending application(s), if any, also stand(s) disposed of. 9. The order be uploaded on the website forthwith. MADHU JAIN, J SEPTEMBER 16, 2026/b/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 18/09/2026 at 11:52:42