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ANISH DAYAL
Chandra Shekhar – Appellant
Versus
State (NCT Of Delhi) – Respondent
JUDGMENT :
1. The petitioner No.1 is presently serving as SHO, PS Defence Colony and petitioner No.2 (Raj Kumar) is presently serving as HC, PS Defence Colony. This petition has been filed for expunging remarks made against the petitioners in orders dated 21st January, 2023 and 31st January, 2023 passed in Bail Appl. No. 202/2023 titled as State v. Vikas Gulati @ Vicky by Sh. Sonu Agnihotri, Additional Sessions Judge, South East, Saket Courts, New Delhi in proceedings arising out of FIR No.221/2022, PS Defence Colony. Petitioners have further prayed for setting aside the directions issued by the Ld. ASJ to the Commissioner of Police to get an inquiry conducted through Vigilance Department as also to the DCP, South to get an inquiry conducted against the petitioners.
2. The background facts are that the said FIR was registered under Sections 380/411/34 IPC for an alleged theft of sarees worth Rs. 15 lacs from the shop of the complainant at Defence Colony. The accused were women whose anticipatory bail applications were listed on 2nd January, 2023. Petitioner No.2, being the IO of the case, opposed the bail applications. The Ld. ASJ after hearing arguments was pleased to dismiss the
The judgment establishes the principle of judicial restraint and circumspection in commenting on the conduct of police officials, emphasizing the limitations of the court's jurisdiction in interferin....
Importance of accurate records and compliance with SOPs in the bail process, caution against immediate disciplinary actions without ascertaining the actual facts from the Police Department.
Adverse remarks – There is difference between criticising erroneous orders and criticising a Judicial Officer – First part is permissible – Second category of criticism should best be avoided – No co....
The duty assigned to the officer in-charge of the concerned police station, as per Rule 81 of the Police Manual, requires more than just forwarding communications to the investigating officer. The co....
An order of anticipatory bail should not be “blanket” in sense that it should not enable accused to commit further offences and claim relief of indefinite protection from arrest.
Judicial remarks that adversely affect a party's reputation must be made with caution, ensuring the party has an opportunity to defend themselves, and should only be necessary for the adjudication of....
Stricto sensu, in a petition under Section 439 of Cr.P.C., concerned Court ought not to travel beyond considering specific issue, whether to grant bail or reject bail to accused in custody – However,....
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