Court can recall withdrawal order, revive petition, appoint amicus and continue probe into alleged police misconduct despite petitioners' non-cooperation to protect Article 21 rights.

JUDGMENT :

Ravindra Maithani, J.

This writ petition had already been withdrawn by the petitioners on 11.06.2024 with liberty to file afresh with better particulars. On that date it was submitted on behalf of the petitioners that in this matter, CBI investigation was ordered, but the CBI had not been made a party, the writ petition shall be filed after making CBI as a party with better particulars.

2. Now, an application has been filed by the CBI with the averments therein that Shri Prakash Chandra Tamta be directed to comply with the directions of the Hon’ble Supreme Court dated 28.07.2023, passed in Special Leave Petition (Criminal) No.3989 of 2020 (“the SLP”).

3. Heard learned counsel for the parties and perused the record.

4. In fact, in the instant petition, the petitioners have sought quashing of FIR No.174 of 2020, under Sections 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“the Act”), Police Station Kelakhera, District Udham Singh Nagar and also seeking directions against the erring police officers. According to the FIR No.174 of 2020, on 28.07.2020, police intercepted petitioner no.1 and recovered 97.70 Grams Charas from him.

5. It has been the case of the petitioners that it is a case of false implication; the police entered into a Dhaba runs by petitioner no.1, assaulted one of the workers Vikram and grabbed him. They remained in the Dhaba from 07:17 p.m. for about 08 minutes. The petitioner no.1 was standing outside the Dhaba. The police party grabbed him and took him away in a car. This was captured in various CCTVs installed in the Dhaba. On 07.08.2020, this Court has issued the following directions and the matter was listed on 19.08.2020:-

“10. This matter has to be inquired and monitored by this Court. It cannot be left to be further lost with time. Thus, the Court issues the following directions:

10.1. The Court requests S.P. CBI, Dehradun to conduct a preliminary inquiry in this matter within a week.

10.2. Entire paper-book alongwith a copy of the pendrive be sent to S.P., CBI, Dehradun, via both e-mail and hardcopy by tomorrow evening. For the same, learned counsel for the CBI would provide the e-mail id of S.P., CBI, Dehradun and their superior officers.

10.3. Learned counsel for the petitioners shall also provide a soft copy of entire paper book to the Registry during the course of the day, as per the Registry’s directions.

10.4. This Court expects and requests CBI to maintain a timeline and submit the preliminary inquiry report to this Court on or before 18.08.2020.

11. List this matter to consider the preliminary inquiry report of the CBI on 19.08.2020 at 10:15 AM.

12. Also, issue notices to respondent nos.5 to 8. Counter affidavit(s) may be filed by the State and respondent nos.5 to 8, within four weeks from today.

13. List this matter for considering the counter affidavits and other future course of action on 01.09.2020 at 10:15 AM.

14. Learned counsel for CBI requests that he may also be provided a copy of the entire paper book. Let petitioner do so during course of the day.

15. The Sessions Judge, Udham Singh Nagar is also requested to provide protection to the petitioners and the witnesses at the said Dhaba under the Witnesses Protection Scheme. The Registry is directed to forward a copy of this order to the Sessions Judge, Udham Singh Nagar alongwith a copy of the paper book through email immediately.”

6. Pursuant to the directions dated 07.08.2020, SP C