Case No.1975/1111/2020/10/75-76 Dated:07-04-21
In the matter of:
Ms. Sunita w/o. Late Babulal,
H.No. 3407, Ram Bazar,
Mori Gate, Near Chowk Ramaiya,
Delhi-06 ……Complainant
Versus
The Deputy Commissioner of Police,
North District,
Police Station Civil Lines,
Delhi 110054. ……..Respondent
Date of Hearing : 07.04.2021
Sh. Gautam Singh, ASI on behalf of the respondent.
The above named complainant, a person with 70% locomotor disability vide her complaint dated 17.12.2019, which was forwarded by Member, Delhi Commission for Women vide letter No. DCW/1415/VS/2020 dated 05.09.2020 alleged that Sh. Ashish Gupta, S/o Sat Narain Gupta, R/o A-124, Gali No.03, Kabir Nagar, Delhi -110094 had taken a sum of Rs. 80000/- from her but he had returned only Rs. 15000/-. An outstaindng amount of Rs. 65000/- is still pending on his part. She had made several requests to him for the outstanding balance but instead of giving her money he threatened her to kill and viral the illicit video/ pictures of her he possessed. She had made several requests to local police for taking stern action against Ashish Gupta and recovery of the remaining amount of Rs. 65000/- but nothing has been done so far.
2. The matter was taken up with the Dy. Commissioner of Police (North District) vide letter dated 13.10.2020 for submission of their comments. To resolve the matter and dispose the petition of the complainant, a hearing was scheduled on 01.03.2021.
3. On 01.03.2021, complainant was present but the respondent was absent without any intimation and reason. However, a reply through Speed Post dated 27.02.2021 and mail was received on 01.03.2021 at 4.00 PM and 2.34 AM respectively, much after the scheduled court hearing timings.
4. The Court went through the application of the complainant and her verbal briefing that she has been subjected to mental torture, blackmail, threat and above all loss of money. The complainant being a person belonging to Below Poverty Line category without any specific source of income, sought immediate justice.
5. The Court also observed that the North District Police is of the opinion that it is a case of money dispute and no police action is required, which is not in the right spirit.
6. The Court after due deliberations, directed as under:
(i) Police should investigate and find out about the person name Mr. Ashish Gupta, S/o Sat Narain Gupta, R/o A-124, Gali No. 03, Kabir Nagar, Delhi-110094. Try and ascertain if he borrowed Rs. 80,000/- from Ms. Sunita and if yes, try to persuade him to return the due amount, considering the fact that the complainant is a person with disability and a lady belongs to BPL category, who requires help.
(ii) Reply forwarded by Police was silent on this aspect and hence it was directed by this Court that Ms. Sunita should receive back the due amount and local police should try and help in this matter.
(iii) If the North District Police, specially SHO, Kashmere Gate fails to persuade Mr. Ashish Gupta in this regard to return the total amount to Ms. Sunita then as suggested this Civil Court would take further necessary action as per the law.
(iv) A report on the above suggestions was called for by 15.03.2021.
7. Thereafter the case was again scheduled for hearing on 07.04.2021 at 1.00 PM with the direction to SHO, PS, Kashmere Gate to present the alleged person Sh. Ashish Gupta to submit his version in order to dispose of the matter.
8. On 07.04.2021, the complainant was present. Sh. Gautam Singh, ASI appeared from Police Station, Kashmere Gate alongwith Ashish Gupta. Sh. Ashish Gupta confirmed in presence of ASI, Gautam Singh that he would pay Rs. 30000/- right away to Ms. Sunita and the remaining amount of Rs. 35000/- by 22.04.2021.
9. In view of the above, SHO, Police Station, Kashmere Gate is hereby directed to ensure that this handing / taking over process of remaining amount of Rs. 35000/- is to be done in presence of ASI, Gautam Singh and a telephonic confirmation of the same be made to this Court.
10. Accordingly, the case is disposed of.
11. Given under my hand and the seal of the Court this 07th day of April, 2021.
