JUDGMENT

1. The petition bearing no 3054/2019 and 3092/2019 are filed under section 482 of the Code of Criminal Procedure (hereinafter referred to as “the code”) to impugn the order dated 04.10.2023 passed by the court of Ms. Deepti Devesh, MM-04, Shahdara, Karkardooma Courts, Delhi and order dated 07.05.2019 passed by Sh. Gurdeep Singh, Additional Sessions Judge-01, Special Judge (POCSO), Karkardooma Courts; and order dated 04.10.2023 passed by the court of Ms. Deepti Devesh, MM-04, Shahdara, Karkardooma Courts, Delhi respectively.

2. The factual background of the case is that Jaiveer (hereinafter referred to as “the respondent no. 2”) filed an application under section 156(3) of the Code titled as Jaiveer V State & others bearing no 11633/2016 wherein implicated Inspector Prashant Kumar, SHO of PS Welcome Colony (petitioner in petition bearing no 3092/2019); ASI Om Prakash, PS Welcome Colony (petitioner in petition bearing no 3054/2019) and another Sub Inspector for having committed offences punishable under sections 166, 166A,167, 195A, 217, 220, 323, 327, 342 &506 IPC read with 34 IPC against the respondent no 2 and Sunder on 19.01.2016 at about 5 pm-10:30 pm in the Police Station Welcome. The respondent no 2 alleged that petitioners voluntarily caused hurt to the respondent no 2 for extorting valuable data from his mobile phone and his signatures on blank papers for constraining the applicant to appear before concerned court on 20.01.2016 in an application filed in FIR bearing no 0159/2013 under sections 323, 341, 506, 34 IPC registered at PS Welcome. The respondent no 2 and Sunder were released from the wrongful confinement by the petitioners in the intervening night of 19th and 20th January, 2016. The respondent no 2 and Sunder came to the court on 20.01.2016 where the petitioner SI Om Prakash was present and confronted him. The respondent no 2 on 20.01.2016 submitted complaint to DCP (North-East) with copies to Hon'ble Lieutenant Governor of Delhi, Commissioner of Police and DCP (Vigilance). The respondent no 2 also annexed his photograph showing injury on his face caused by the petitioners. The allegations made in complaint dated 20.01.2016 disclosed the commission of offences by the petitioners on 19.01.2016 inside PS Welcome punishable under sections 166, 166A,167, 195A, 217, 220,323, 327, 342 & 506 read with section 34 IPC but no action was taken against them and no FIR was registered against them. It was prayed as under:-

I. To direct the respondent No. 1 to register the information/complaint of the applicant dated 20.01.2016 disclosing the commission of the offences, interalia, punishable u/s 166, 166A,167, 195A, 217, 220, 323, 327, 342 & 506 read with 34 IPC at Police Station Welcome Colony.

II. To provide a copy of the information as recorded to the applicant, free of cost III To direct the investigation thereof, in accordance with law IV To call for the reports from the respondent No. 2 and 3 as to what action, if any, they have taken to ensure the Rule of Law and compliance of the above quoted observations of the Hon'ble Supreme Court in case of Lalita Kumari v/s Govt of U.P. &

others (Supra) in the facts of the present case V. To pass any other order or direction as deemed appropriate in the facts and circumstances of the case and in the interests of justice.

3. SI Munish Chaudhary PS Welcome Colony submitted Status Report dated 16.07.2016 wherein it was stated that FIR bearing no 159/13 under sections 323/341/506/34 IPC was registered at PS Welcome on the statement of the respondent no 2 and investigation of was assigned to ASI Om Prakash/petitioner. Vikas and Ajay Kumar were apprehended as accused and were released on personal bond after interrogation. The doctor opined nature of injuries stated to be received by the respondent no 2 as Simple. The charge sheet has already been filed after conclusion of investigation. The respondent no 2 along with another person namely Sunder during investigation of FIR beari