URGENT PROTECTION PETITION AGAINST SYSTEMATIC HARASSMENT, PHYSICAL ASSAULT (CAMERA SNATCHING), MISUSE OF EMERGENCY HELPLINE 112, FALSE COMPLAINT, ORGANIZED COMMUNITY INTIMIDATION, AND FAILURE OF RESIDENTIAL SECURITY AGENCY (DILBIRD) AT WAVE CITY, GHAZIABAD, WITH PRAYER FOR IMMEDIATE POLICE PROTECTION, FIR REGISTRATION, AND ACCOUNTABILITY

 

1.The Petitioner  Shukla ji,  is an IT Professional and a Freelance Web Developer residing Tower 9, Dream Homes, Wave City, Ghaziabad, UP. The jurisdictional police station for his residence is the Wave City Police Thana, Ghaziabad.

 

2.  That the Petitioner is a law-abiding, self-sufficient, and politically unaffiliated individual with no criminal record or involvement in any illegal activity. He is a dedicated parent residing with his wife and minor daughter at Wave City, Ghaziabad.

3.  That this Petition is preferred under Article 21 (Right to Life and Personal Liberty), Article 19(1)(d) (Right to Move Freely Throughout the Territory of India), and Article 19(1)(a) (Freedom of Expression and Speech) of the Constitution of India, all of which are being systematically violated by the Opposite Parties.

4.  That the State of Uttar Pradesh owes a positive, non-discretionary constitutional duty to protect the Petitioner against threats by private actors, as mandated by the Hon’ble Supreme Court in PUCL v. Union of India [(1997) 3 SCC 433]. The Commissioner of Police, Ghaziabad, is further bound by the statutory duties under Sections 14, 22, 23, 26, and 44 of the UP Police Act, 2007 to maintain public order and protect life and property. Under Section 173, BNSS 2023, read with Lalita Kumari v. Govt. of UP [(2014) 2 SCC 1], registration of an FIR upon disclosure of a cognizable offence is mandatory and non-discretionary.

5.  That the Wave City Police Thana, Ghaziabad, is the sole competent jurisdictional authority for all reliefs sought herein. Residential security at Wave City is contracted to Dilbird Security Agency (registered office: South Extension Part II, New Delhi), a PSARA-licensed entity. Wave City also operates an internal Quick Response Team (QRT) whose conduct during the incidents described herein is directly relevant to this Petition.

6.  That the Petitioner’s neighbour Mr.Srivastava and his wife Mrs Kaur are tenants at Flat No. 1537, Tower 9, Dream Homes, Wave City, Ghaziabad, UP have repeatedly and deliberately thrown eggs and food garbage onto and near the Petitioner’s railing instead of using the designated disposal mechanism, thereby troubling the entire floor and the housekeeping staff. This wilful conduct attracted monkeys to the residential complex, undoing prior pest-control measures, and constitutes intentional insult to provoke breach of peace and public nuisance.

7.  That when the Petitioner lawfully confronted the said neighbour about the aforesaid conduct, she publicly descended and abused him before other residents, stating: “Did I throw eggs on your face?” — an act constituting intentional insult with intent to provoke breach of peace and defamation by spoken words. When taken to the police station, the said neighbour backed down, apologized, and implicitly admitted her wrongdoing; yet she repeated the same misconduct immediately thereafter, demonstrating wilful bad faith and contempt for lawful authority.

8.  That the situation thereafter escalated when an organized group committed the offences of Snatching and forcibly taking his camera in order to destroy evidence of their misconduct. This act further constitutes the offences of Criminal Force and Destruction of Evidence. The acts of the opposite parties have defamed the petitioner in the eyes of those who hold him in high esteem.

9.  That in furtherance of the said criminal conspiracy, the Opposite Parties committed the offence of Furnishing False Information to a Public Servant by maliciously misusing the 112 Emergency Helpline to lodge a fabricated complaint against the Petitioner. This organized concerted action by a group of residents constitutes Criminal Intimidation; each member of this group carries joint and equal liability for all criminal acts committed in furtherance of this common object.

10.  That when the Petitioner challenged the group members to proceed to the police station, they immediately withdrew and refused, thereby conclusively establishing the utter falsity and malice of the 112 Emergency complaint.

11.  That when the 112 police arrived at the scene, the Petitioner summoned Wave City’s Quick Response Team (QRT). The QRT officer arrived on site, sided with the Petitioner, confirmed that “garbage must be given outside in the morning, not kept inside at night,” offered his official identity card to the attending 112 police personnel, and confirmed that he had been supporting and corroborating the Petitioner’s complaints for three to four consecutive days, providing direct, independent, and official corroboration of every material fact stated herein.

12.  That beyond the individual incidents described above, an organized community intimidation network, primarily comprising members of a residents’ group, has been systematically targeting the Petitioner. These individuals have openly claimed political and criminal connections to intimidate and silence him. This organized conduct constitutes the following substantive criminal offences being Unlawful Assembly with the common object of intimidating the Petitioner; Criminal Intimidation through threats of harm backed by claimed criminal connections; Petty Organised Crime involving the systematic targeting of a lone and vulnerable resident; and Common Intention, all group members are equally liable for each act committed in furtherance of the common criminal purpose.

13.  That the invocation of external political and criminal connections by the Opposite Parties is a direct assault on the rule of law. As the Hon’ble Supreme Court reaffirmed in Vineet Narain v. Union of India [(1998) 1 SCC 226], no person is above the law by virtue of political or criminal connections.

14.  That the Dilbird Security Agency, which is contractually and statutorily bound to ensure the safety and security of residents at Wave City, has failed in its duties in a systematic and inexcusable manner, thereby emboldening the Opposite Parties in their criminal conduct. This constitutes actionable deficiency in services under the Consumer Protection Act, 2019; and a material breach of the security services contract under the Indian Contract Act, 1872.

15.  That the Petitioner’s minor daughter lives in daily fear and psychological distress, rendered unable to move freely within her own residential complex, constituting a direct infringement of Article 19(1)(d) of the Constitution of India. Witnessing the repeated harassment and assault of her father has caused her serious and ongoing psychological harm, directly implicating the State’s child protection obligations under Article 21 of the Constitution.

16.  That the Petitioner is unable to leave for work without debilitating anxiety. His right to livelihood, a component of Article 21 as affirmed in Olga Tellis v. Bombay Municipal Corporation [(1985) 3 SCC 545], is being actively violated by the continuing campaign of harassment and intimidation perpetrated by the Opposite Parties.

17.  That the collective actions of the Opposite Parties violate the Petitioner’s fundamental rights to life, liberty, dignity, free expression, and free movement as guaranteed under Articles 14, 19, and 21 of the Constitution of India.

18.  That the Opposite Parties have thereby committed offences under Sections 115, 129, 190, 191, 196, 223, 236, 290, 303(2), 351, 352, 356(2), read with Section 3(5), BNS 2023, including Snatching, Criminal Force, Destruction of Evidence, False Information to a Public Servant, Fabrication of a False Case, Intentional Insult to Provoke Breach of Peace, Defamation by Spoken Words, Public Nuisance, Unlawful Assembly, Criminal Intimidation, and Petty Organised Crime.

 

                                                                                                               PRAYER
 In view of the foregoing facts and legal submissions, it is most humbly and respectfully prayed that the Commissioner of Police, Ghaziabad, may be pleased to:

(i)  Direct the immediate registration of an FIR at Wave City Police Thana against all Opposite Parties under Sections 115, 129, 190, 191, 196, 223, 236, 290, 303(2), 351, 352, 356(2) read with Section 3(5), BNS 2023;

 

(ii)  Grant immediate and continuing police protection to the Petitioner, his wife and minor daughter at their residence, with regular patrolling directions issued to the SHO, Wave City Police Thana;

(iii)  Ensure the minor daughter’s freedom of movement within Wave City, thereby restoring her right under Article 19(1)(d) of the Constitution of India;

 

(iv)  Issue protective directions enabling the Petitioner to attend work freely, with appropriate protective arrangements for his daughter during his absence;

 

(v)  Initiate proceedings against the neighbour tenant Mr.Srivastava, his wife Mrs Kaur and associated persons for misuse of Emergency Helpline 112, and direct that any future misuse shall attract immediate and stringent punitive action;

 

(vi)  Direct proceedings against the Opposite Parties and community group members to bind them over to keep the peace under applicable provisions of law;

 

(vii)  Direct a formal inquiry into the failure of Dilbird Security Agency and report the findings to the PSARA Controlling Authority for appropriate regulatory action, including suspension of licence if warranted;

(viii)  Provide a formal written assurance of protection to the Petitioner and his daughter, with a commitment to investigate all future false or fabricated complaints expeditiously;

(ix)  Escalate the matter, if warranted, to the Director General of Police, Uttar Pradesh, and the Home Department, Government of Uttar Pradesh, given the organized and potentially politically connected nature of the intimidation; and

(x)  Pass any further order or direction deemed just, proper, and necessary for the protection of the Petitioner’s life, liberty, dignity, and constitutional rights.

 

 

AN EARLY AND EXPEDITIOUS ACTION IN THIS REGARD SHALL BE HIGHLY APPRECIATED.