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2023 Supreme(Del) 5370

SUBRAMONIUM PRASAD
Pankaj Kumar Sharma – Appellant
Versus
Govt. of NCT of Delhi – Respondent


Advocates appeared:
Mr. Dhruv Gupta, Advocate, for the Petitioner.
Ms. Hetu Arora Sethi, ASC, for GNCTD with Mr. Arjun Basra, Advocate, for R-1 to 3.

JUDGMENT

1. The Petitioner has approached this Court seeking compensation for his illegal arrest and detention in the police lock-up on 02.09.2022 at Police Station Badarpur.

2. The facts in brief leading to the filing of this writ petition are as under:

i. On 02.09.2022, a complaint was received vide DD No.85A at Police Station Badarpur stating that `lady ko sbzi wale ne chaku maar diya h'. The said complaint was marked to SI Rajeev Gautam who reached the spot where he found one Smt. Kranti and the Petitioner herein.

ii. It is stated that the lady was not sent for any medical examination nor was her statement recorded. It is stated that SI Rajeev Gautam brought the Petitioner to the Police Station and placed him in lock-up through SI Shamim Khan, who had put the Petitioner in the lock-up at 11:01 PM and let the Petitioner out of the lock-up at 11:24 PM. Material on record also record reveals that the Petitioner was put inside the lock-up without any formal arrest/FIR or DD entry.

iii. It is stated that pursuant to the said incident, the Petitioner filed a complaint to the Commissioner of Police (Hqs.), but no action had been taken against the erring officers.

iv. Stating complete inacti

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