$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2418/2025 MANOJ NHATI ....Petitioner Through: None.

versus STATE NCT OF DELHI .....Respondent Through: Ms. Rupali Bandhopadhyay, ASC with Ms. Amisha Gupta, Advs.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 13.11.2025

1. There is no appearance on behalf of the Petitioner. Nonetheless, the Court has perused the record with the assistance of Ms. Rupali Bandhopadhyay, ASC for the State.

2. The Petitioner has filed the present petition under Article 226 of the Constitution of India, 1950 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023,, [“BNSS”] seeking protection of his life and liberty. The Petitioner also seeks directions restraining Respondent Nos. 3 and 4, police officials at P.S. Ghazipur, from harassing him.

3. The Petitioner’s primary grievance is directed against Respondent Nos. 3 and 4, who are alleged to be shielding certain anti-social elements operating in the vicinity of the Petitioner’s residence. It is specifically alleged that one Gaurav, who had been residing as a tenant in the Petitioner’s house, raped the Petitioner’s daughter and thereafter committed suicide. On the complaint lodged by the Petitioner’s daughter in this regard, FIR No. 132/2024 was registered at P.S. Ghazipur on 8^th April, 2024 for the offences under Section 376 of the Indian Penal Code, 1860, [“IPC”] and Section 4 of the Protection of Children from Sexual Offences Act, 2012. It is alleged that despite the registration of the said FIR, Respondent Nos. 3 and 4 have continued to harass the Petitioner and his family instead of conducting a fair and impartial investigation.

4. It is further submitted that following Gaurav’s death by suicide, another FIR, being FIR No. 170/2024, was registered at P.S. Ghazipur on 13^th May, 2024, on the complaint of his mother under Sections 306/34 IPC. The Petitioner was arrayed as an accused in the said case and is on bail. It is alleged that no material has been found during the investigation linking the Petitioner to the alleged offence, and his implication is without any reasonable basis.

5. Subsequently, on 12^th June, 2025, another FIR was registered against the Petitioner’s wife, at P.S. Ghazipur under Section 223(a) of the Bharatiya Nyaya Sanhita, 2023, [“BNS”] on the allegation of failure to conduct tenant verification. The Petitioner contends that his wife has been wrongfully implicated in the said case, as the tenant named therein neither resides in their property nor has any connection with the premises owned by them.

6. It is alleged that the Petitioner, along with his family, is being unnecessarily harassed by the police officials. The Petitioner made several complaints to the SHO, senior police officers, and even to the Lieutenant Governor of Delhi and the DCP, but no action has been taken thereon. In these circumstances, the present petition has been filed seeking directions to restrain Respondent Nos. 3 and 4 from harassing the Petitioner.

7. In response, the State has filed a detailed status report, delineating the following facts:

“1.It is humbly submitted that the Petitioner has filed the present petition seeking protection of life and personal liberty against Respondents No. 3 and 4. The present status report is being filed in compliance with the order dated 05.08.2025 passed by this Hon'ble Court.

2. That the alleged incident took place during the intervening night of 07.04.2024 and 08.04.2024. On 08.04.2024 at 02:02 a.m., a PCR call was received vide GD No. 06A regarding "Rape of caller's 15-year-old girl by the tenant".

3. Upon receiving the PCR call. W/SI Shalu along with other staff, including ACP/Night GOs, reached the spot where the victim and her family members were present. One boy was also found hanging from a ceiling fan with a ghamcha in a suspicious condition, in a room latched from the inside. The Crime Team, FSL Team, and Fire Brigade were called to the spot i.e. B-19, Gali No. 3, Ghazipur Dairy Farm. Delhi.