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2020 Supreme(Del) 1049

IN THE HIGH COURT OF DELHI AT NEW DELHI
Prathiba M Singh, J.
Kailash Prasad - Appellant
Versus
State Of Delhi & Anr. - Respondent
Writ Petition (Civil) No. 4246 of 2020; Civil Miscellaneous Application No. 15281 of 2020, 15282 of 2020
Decided On : 06-10-2020

Advocates Appeared:
Varinder Kumar Sharma, Advocate, Shobhana Takiar, Advocate, Chaitanya Gosain, Advocate, Rahul Mehra, Advocate

Expedited disposal of complaints and investigation reports to ensure the safety and security of senior citizens.

Headnote:

Senior Citizen - Family Dispute - Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, Criminal Procedure Code, Section 200 - The court directed the investigation and disposal of the Section 200, CrPC complaint within two weeks and the submission of the investigation report under the Senior Citizens Act within four weeks. The SHO was instructed to monitor the senior citizen's residence to ensure his peaceful living.

Fact of the Case:

The 78-year-old Petitioner filed a writ petition seeking protection against his family members who were allegedly trying to usurp his property. The police conducted an inquiry and filed a status report stating that the family members assured they would not quarrel with the Petitioner.

Finding of the Court:

The court directed the disposal of the Section 200, CrPC complaint within two weeks and the submission of the investigation report under the Senior Citizens Act within four weeks. The SHO was instructed to monitor the senior citizen's residence to ensure his peaceful living.

Issues: Family dispute, property usurpation, safety and security of a senior citizen.

Ratio Decidendi: The court emphasized the need to expedite the disposal of the complaints and the submission of the investigation report to ensure the safety and security of the senior citizen.

Final Decision: The present petition and all pending applications were disposed of with the court's directives to the concerned authorities.

JUDGMENT

Prathiba M. Singh, J. - This hearing has been held through video conferencing.

2. The Petitioner has filed the present writ petition, seeking protection against his family members. Vide order dated 16th July, 2020, this Court had recorded as under:

    "The present petition has been filed by Mr. Kailash Prasad, who is 78 years of age. He has various grievances against his family members including his wife, sons and daughter.

      Ms. Varinder Kumar Sharma, ld. counsel for the Petitioner submits that the family members of the Petitioner are trying to usurp his property and he has made complaints to the police on several occasions i.e. 15th March, 2020, 16th March, 2020, 17th March, 2020, and 30th May, 2020. On 24th June, 2020, the Petitioner has also filed a petition under Section 4 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2009 before the District Magistrate. Ms. Takiar, ld. counsel submits that the Petitioner has also filed a petition under Section 200 of the CrPC before the Magistrate.

        Before proceeding further in this matter, let a copy of this petition be served upon the Standing Counsel (Criminal), GNCTD. The State shall conduct an inquiry into the matter and file a status report before the next date of hearing through the SHO, PS Paschim Vihar. If required, the local SHO would also make enquiries with the family members of the Petitioner and ensure the safety and security of the Petitioner.

          List on 6th August, 2020 to await the status report."

          3. The grievance of the Petitioner was that he was facing constant threats from his family members and despite repeated complaints to the police no action was being taken. Accordingly, an enquiry was directed to be conducted by the police and status report was directed to be filed. Status report was then filed by the police. As per the said status report, enquiries were conducted and it was reported that the Petitioner is aged about 78 years. He had married twice and has five children. The status report also records that enquiries were made with the Petitioner''s family members namely Ms. Chanda Devi (wife), Mr. Roshan Lal (son) and Ms. Sita Devi (daughter) and their statements were recorded. It is stated that all of them assured the police that they would not quarrel with the Petitioner. The said statements were also annexed with the status report. The relevant portion of the status report is set out below:

            "1. That petitioner Kailash Prasad s/o Muneshwar Prasad r/o A 495, Jawalpuri, Delhi aged 78 yrs resides at the above mentioned address and he had married twice, name of first wife is Shankutla Devi (married on 1970) and second wife is Chanda Devi (married on 1978). He has 2 sons namely Motilal & Jawahar Lal and 3 daughters namely Ritu Devi, Geeta Rani & Neelam Kumari out of wedlock with his first wife Shankutla Devi and one son namely Roshan Kumar & one daughter namely Sita Devi with her second wife Chanda Devi who also resides in the above same property. Petitioner has alleged that his second wife and son wanted to transfer the above property on their name (ANNEXURE -I)

              2. Moreover it is further submitted that petitioner Kailash Prasad made a complaint vide DD No. 46B dt. 15.03.2020 and on 17.03.2020 same complaint was filed before the Hon''ble CMM, Tis Hazari Courts, Delhi u/s 200 CRPC wherein next date of hearing is fixed for 01.09.2020.

                3. During the course of enquiry statements of family members namely Chanda Devi (wife), Roshan Lal (son) and Sita Devi (daughter) were recorded on 31.07.2020 and all of them assured that they would not quarrel with the petitioner and also had not stolen the documents of the property in question [ANNEXURE-II (COLLY)]."

                4. On the last date, the Petitioner had sought time to respond to the status report. Today, the Court has heard the counsels for all the parties including the Petitioner and the ld. counsel for Delhi Government. Mr. Chaitanya Gosain, appearing for the State on behalf of Mr. Rahul Mehra, Standing Counsel

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