W.P.(CRL)/3048/2026 of RAKHI DEVI Vs STATE NCT OF DELHI AND ORS on 28 September 2026

O R D E R

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28.09.2026

1. 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 police protection for the Petitioner and her family members, including her husband and minor children, in view of the alleged threat to their life and safety.

2. It is stated that on 19th July, 2026, at about 1:00 PM, approximately ten persons, including eight men and two women, entered the residence of the Petitioner with a preplanned common intention to commit dacoity. It is alleged that the members of the family were restrained at gunpoint, their hands and feet were tied, and their mouths were covered with adhesive tape. It is further alleged that the Petitioner’s elder and younger daughters were assaulted and forced to undress, and their photographs and videos were recorded. The persons involved allegedly threatened to circulate the said photographs and videos in the event of a complaint being made to the police. It is further alleged that approximately Rs. 9 lakhs in cash, gold and silver jewellery, five mobile phones, a laptop and other valuables were taken away and the CCTV DVR was also removed from the premises.

3. The aforesaid incident culminated in registration of FIR No. 493/2026 dated 20th July, 2026, at P.S. New Usmanpur under Sections 310(2), 311, 315, 115(2), 351(2), 61(2) and 3(5) of the Bharatiya Nyaya Sanhita, 20231. The investigation was thereafter transferred from P.S. New Usmanpur to AATS, North-East District on 22nd July, 2026. On the same day, the alleged main conspirator, along with two other accused persons, was apprehended. However, the said accused persons were released by the Duty Magistrate on 23rd July, 2026.

4. It is further submitted that the alleged main conspirator failed to join the investigation despite notices issued by the investigating agency and directions issued by the competent Court. The Petitioner further alleges that on 26th July, 2026, her husband received a threatening WhatsApp call from the sister of the alleged main conspirator. Thereafter, the alleged main conspirator and his sister came to the residence of the Petitioner’s family, resulting in registration of FIR No. 519/2026 dated 30th July, 2026 at P.S. New Usmanpur under Sections 232(1)/3(5).

5. It is further submitted that proceedings under Section 183 of the BNSS were thereafter conducted and Sections 8, 10, 12 and 15 of the Protection of Children from Sexual Offences Act, 2012 were added. It is further submitted that the anticipatory bail application for the main accused is pending before the concerned court and four other co-accused are currently in judicial custody.

6. The Petitioner submits that, in view of the aforesaid circumstances, she and her family members continue to have a reasonable apprehension regarding their life and safety and have approached this Court seeking appropriate police protection.

7. As far as the prayer seeking police protection is concerned, ASC for the State, states that the SHO concerned shall assess the threat perception of the Petitioner and her family members and, upon such assessment, take appropriate measures to ensure their safety and security. Mr. Sandip Tiwari, DW/NE shall provide the contact number of the Beat Constable to the Petitioner. The Petitioner shall also, if so advised, take benefit of the Witness Protection Scheme by approaching the Trial Court.

8. As regards prayer No. (b), seeking a direction for fair, prompt and expeditious investigation into FIR No. 493/2026, it is noted that the investigation is already in progress and the requisite machinery is in motion. No further directions are, therefore, called for in this regard.

9. As regards prayer No. (c), seeking grant of arms licences to the Petitioner and the major members of her family, no such direction can be issued in the present proceedings. The said prayer is, accordingly, declined.

10. With the above directions, the present writ petition is disposed of along with the pending application.

SANJEEV NARULA, J SEPTEMBER 28, 2026/nk

1 “BNSS”