W.P.(CRL) 444/2013

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$~14.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+

W.P.(CRL) 444/2013.

SHAKTI VAHINI

..... Petitioner

Through :

Mr.Ashok K. Singh, Adv. with Mr.Ravi

Kant, President of petitioner NGO.

versus

GOVT. OF NCT OF DELHI & ORS.

..... Respondents

Through :

Mr.Dayan Krishnan, Addl. Standing

counsel for the State with Ms.Manvi

Priya, Adv.

Mr.S.B.K. Singh, Jt.C.P./Crime,

Mr.Kumar Gyanesh, DCP/Crime and

Mr.V.K. Dham, ACP/Crime.

Mr.R.N. Vats, Mr.Nishant Sharma and

Ms.Madhu Saini, Advs. for respondent

no.3 along with respondent no.3.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI

O R D E R

%

29.10.2013

CRL.M.A.14181/2013

1.Application stands dismissed as not pressed.

W.P.(CRL) 444/2013.

2.Present writ petition has been filed by the petitioner, which is an NGO,

under Article 226 of the Constitution of India read with Section 482

Cr.P.C., inter alia, praying that investigation be conducted by an

independent Government agency along with a senior officer of Deputy

Commissioner of Police level from Crime Branch, Delhi Police, under

the supervision of the High Court. The petitioner seeks a direction to set

aside the order dated 23.2.2013 passed by learned Additional Sessions

Judge in Session Case No.43/2013 by which it was directed that an

2013:DHC:5554

W.P.(CRL) 444/2013

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investigation be carried out by an officer not less than the rank of

Inspector.

3.The prayer made in this petition was duly considered by this Court. In the

order dated 20.3.2013 it was observed by this Court that the counsel for

the petitioner did not have any objection with respect to an enquiry being

conducted, as directed by the learned Additional Sessions Judge, but

prayed that the enquiry should be held in a fair and impartial manner and

that too by some high official of the crime branch, who is entrusted with

the job of looking after the Anti-Human Trafficking Wing of the Crime

Branch. Consequent to this submission, an order was passed for

conducting an enquiry. Relevant portion of the order dated 20.3.2013

reads as under:

“As per the petitioners, they have no grievance with setting up of an

enquiry against them but the only grievance is that such an enquiry

should be conducted by the DCP (Crime Branch) who is in-charge

of human trafficking cell and not by the District Investigation Unit

and that too at the level of Inspector. Considering the fact that the

concern of the learned trial court was to find out the truth and more

particularly the fact, whether the petitioners have in any manner

misused and abused the process of law in compelling and

intimidating the prosecutrix to falsely implicate Mr. Rajan Sahni,

therefore, without interfering with the observations made by the

learned trial court in the impugned order, this court is inclined to

modify the said order only to the extent of directing the

investigation to be conducted by the DCP(Crime Branch) who is in-

charge of anti-human trafficking unit. It is also directed that the

investigation to be conducted by the said DCP shall be monitored

by the concerned Joint Commissioner of Police, Crime Branch. The

concerned DCP if feels appropriate may also take the assistance of

National Commission for Protection of Child Rights and also take

into consideration the complaint dated 10.11.2012 made by the

petitioner NGO to the SHO, P.S. Punjabi Bagh, wherein the

petitioner NGO has levelled the allegations against some police

officials and private persons pressuring the aunt of the victim and

offering money for closing the said case.

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W.P.(CRL) 444/2013

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The report shall be filed by the concerned DCP within

a period of three months from the date of this order before

the concerned trial court. With the above directions, the

present petition stands disposed of.

It is ordered accordingly.”

4.The enquiry was conducted and after seekin