$~92 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010442782026 + W.P.(CRL) 2881/2026, CRL.M.A. 28908/2026-Exp. JAI PRAKASH CHOUBEY .....Petitioner Through: Mr. Nalin Tripathi and Mr. Shakti Saharan, Advs. alongwith petitioner in person versus STATE GOVT OF NCT OF DELHI AND ORS .....Respondents Through: Mr. Rahul Tyagi, ASC with Mr. Sangeet Sibou, Ms. Divya Garg and Mr. Amit Kumar, Advs. SI Satish Bhati, PS Sarita Vihar CORAM: HON'BLE MR.
JUSTICE SAURABH BANERJEE O R D E R % 17.09.2026 1. By virtue of the present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner, inter alia, seeks direction to the respondent no. 1 to provide adequate protection to him and ensure his safety and security against the respondent no.2.
2. At the outset, learned counsel for the petitioner submits that the petitioner is a 50 year old man facing threat, intimidation, and harassment from the respondent no.2, namely Surjeet@ Sunil@ Chirmoli.
These threats are based on the wrong premises/ belief that the petitioner had filed complaints against respondent no.2 due to which the DDA had taken action which resulted in demolition and consequential damage to certainThis 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 17/09/2026 at 20:14:03 construction/ occupation of respondent no.2 and thus on 27.08.2026 the respondent no.2 had abused and threatened to kill the petitioner.
3.
Pursuant thereto, although a complaint was made by the petitioner to the incumbent Police Authority qua the threats made by respondent no.2 on 28.08.2026, however, no action has been taken as of yet. As per learned counsel for petitioner, the inaction, indifference, and lethargy of the Police Authorities are in violation of the petitioner’s fundamental right to life and personal liberty guaranteed under Article 21 of the Constitution of India.
He, hence, prays that protection be granted to the petitioner against respondent no.2.
4. Issue notice.
5. Learned ASC for State accepts notice and, at the outset submits that the address provided by the petitioner falls within the jurisdiction of PS.: Sarita Vihar, Delhi.
6. At the outset, this Court finds that despite the petitioner initiating appropriate action(s) from time to time, the situation is the same and any action is yet to be taken therefor.
7.
The same needs to be taken due note of, especially, since Article 21 of the Constitution encompasses a broad ambit of substantive right(s) including the right of personal liberty and safety, and the expression “life” therein does not connote mere existence, but includes the right to live in a secure environment free from fear, coercion, and violence of any kind, if any citizen like the petitioner herein apprehends imminent danger to his life at the hands of another, he requires/ deserves protection.
8.
In view of the aforesaid, the present petition is allowed and the petitioner shall be free to get in touch with the SHO namely Neeraj (+91This 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 17/09/2026 at 20:14:03 8750870981) PS.: Sarita Vihar, Delhi, if, as and when the need so arises.
9.
It is made clear that if the petitioner chooses to reside within the jurisdiction of any other PS, he shall apprise about the same and give the complete particulars of his new abode to the SHO of the concerned PS within a period of three days after shifting thereto and the SHO concerned shall also take all possible steps to provide adequate assistance and protection, as and when needed to the petitioner, in accordance with law.
10.
Accordingly, the present petition, alongwith the pending application, is disposed of in the aforesaid terms. SAURABH BANERJEE, J. SEPTEMBER 17, 2026/rrThis 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 17/09/2026 at 20:14:03