Back
2020 Supreme(Del) 769
IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Anil Kumar - Appellant
Versus
State & Ors. - Respondent
Criminal Miscellaneous Case No. 1516 of 2020
Decided On : 13-08-2020
Samrat Nigam, Advocate, Amit Chadha, Advocate
The judgment emphasizes the importance of fair investigation, preservation of evidence, and accountability of law enforcement officers.
Headnote:
FIR No. 78/2020 - Petitioner's plea for preservation of evidence and fair investigation - IPC & SC/ST Act
Fact of the Case:
The petitioner and his family were subjected to brutal assault and harassment by a group of individuals, leading to the filing of FIR No. 78/2020. The local police, in collusion with the accused, allegedly delayed the registration of the FIR and implicated the petitioner and his family in false cases.
Finding of the Court:
The court found evidence of collusion between the local police and the accused, leading to biased investigation and false implications against the petitioner and his family.
Issues: Delay in FIR registration, biased investigation, false implications, and collusion between local police and accused.
Ratio Decidendi: The court held that the petitioner's plea for preservation of evidence and fair investigation was justified, given the evidence of collusion and biased investigation by the local police.
Final Decision: The court issued directions for preservation of evidence, fair trial, and initiation of departmental enquiry against the involved police officers.
JUDGMENT
Suresh Kumar Kait, J. - Vide the present petition, petitioner has prayed as under:-
i. Summon the Detail Action Taken Report and Status Report of the case FIR no. 78/2020, U/s 376(D)/ 354/354-A/341/323/34 IPC & 3 of SC/ST Act immediately;
ii. Summon the copies of Roznamcha-B (Daily Dairy Register (of Police Station Shalimar Bagh, Delhi from 25.02.2020 to 10.03.2020 and to preserve the same for further reference;
iii. Summon the Public Facilitation Desk Register (Public Help Register) Dairy Dispatch Register of Police Station Shalimar Bagh, Delhi from 25.02.2020 to 10.03.2020 and preserve the same for further reference;
iv. Summon the Entire Case Diary of Case FIR No. 0078/2020, under Section 376(D)/354/354-A/341/323/34 IPC & 3 of SC/ST Act, Police Station Shalimar Bagh which is now being investigated by IO/ACP Sanjay Kumar Sharma, DIU/NW/PSMaurya Enclave, Delhi and pass the directions to attest the same along with pagination by the Hon''ble Court concerned;
v. Pass the directions to the IO/ACP to preserve all the CCTV Footage of all cameras installed at Police Station-Shalimar Bagh, Delhi from 7 am of 04.03.2020 to 6 pm of 24.03.2020 and CCTV Footage of all the cameras installed BJRM, Hospital Jahangir Puri, Delhi of 03.03.2020 and if same have been destroyed then the same must be retrieved and same be preserved for further reference;
vi. Pass the directions to the IO/ACP to collect Call Detail Record and their locations from 25.02.2020 to 30.02.2020 of SHO/Inspector Rajinder Singh (Mob. No. 8750870226 & all other phone numbers being used by him), ACP Krishan Gopal Tyagi (Mob. No. 8750870206 & all other phone numbers being used by him), SI Pradeep (Mob. No. 9718445544, 7015651591& all other phone numbers being used by him) P.S. Shalimar Bagh, SI Suresh Pal (Mob. No. 9810278183 & all other phone numbers being used by him), P.S. Shalimar Bagh, Delhi, ASI Shiv Hari (9968890145 & all the phone numbers being used by him), P.S. Shalimar Bagh, Manisha (Mob. No. 9540752224 & all other phone numbers being used by her) wife of Lt. Shri Deepak Kumar resident of H. No. 206, NewPolice Colony, Near Kela Godawn, Shalimar Bagh, Delhi-88, Inspector Ramakant Mishra and his wife Rajini (Mob. No. 9953840606 & all other phone numbers being used by them), H. No. 206, New-Police Colony, Near Kela Godawn, Shalimar Bagh, Delhi-88 and all the phone numbers of accused persons of FIR No. 78/2020, U/s 376(D)/354-A/341/323/34 IPC & 3 of SC/ST Act, P.S. Shalimar Bagh, Delhi and same may be preserved for further reference; and
vii. Monitor the investigation of present case.
2. It is pertinent to mention here that for the same relief, under section 156(3) Cr.P.C., the petitioner approached the Registry of Rohini Courts, Delhi, however, due to lockdown, work of Courts below has been suspended, the Registry of said court denied to accept the same. Hence, the present petition.
3. The brief facts of the case are that the brutal incident is of 03.03.2020 when the petitioner, his wife, two minor school going children and unmarried young sister-in-law- namely Ms. ''K'' were restrained, threatened to kill and brutally beaten by approximately 10 persons with dandas, bricks, fist blows, kicks, iron rod, etc. Moreover, caste based derogatory remarks (petitioner being from Scheduled Caste Category) were passed, clothes of Ms. ''K'' were torn and was fingered etc. Accordingly, calls were made by the petitioner and his sister-in-law at the 100 no. (Police Control Room) and the PCR as well as local police arrived at the spot and had taken the petitioner, his wife, children and sister-in-law to the BJRM Hospital, Jahangir Puri, Delhi but it was surprised and shock to them that they were restrained in Police Station Shalimar Bagh, Delhi deliberately and intentionally and misbehaved, threatened and beaten by one ASI Shiv Hari just with the mala fide intention to delay the MLCs but when the petitioner made another calls at the PCR then only they were taken to the above
