Delhi District Court
State vs Omprakash@ Kallu on 28 March, 2026
IN THE COURT OF MS. TANYA BAMNIYAL,
CHIEF JUDICIAL MAGISTRATE, NORTH EAST DISTRICT,
KARKARDOOMA COURTS, DELHI
State versus Om Prakash @ Kallu
CR Cases 462429/2015
FIR No. 802/2007
PS-: Nand Nagari
JUDGMENT
1 Serial No. of the case : 462429/2015 2 Date of commission : 17.09.2007 3 Date of institution of the case : 05.02.2008 4 Name of complainant : HC Dilawar Singh 5 Name of accused : 1. Praveen, S/o Sh. Manohar Lal, R/o C-2/61, Nand Nagari, Delhi. 2. Ajay Kumar, S/o Sh. Meluram, R/o D-2/193, Nand Nagari, Delhi 3. Meeta Devi, W/o Sh. Bijender R/o D-2/376, Nand Nagri, Delhi Proceedings qua accused FIR No. 802/2007 (Nandnagari) Page No. 1 of 23 Digitally signed by TANYA TANYA BAMNIYAL BAMNIYAL Date: 2026.03.28 16:55:02 +0530 persons namely Om Prakash, Meeta W/o Sh. Melu Ram and Bijender has already been abated. 6 Offence complained of : U/s 186/332/353/174A/34 IPC 7 Plea of accused : Pleaded not guilty 8 Arguments heard on : 20.02.2026 9 Final order : Acquitted 10 Date of judgment : 28.03.2026 Brief Facts:
1. The brief facts of the case of prosecution are that on on 17.09.2007 at 09:15 PM, at Ganda Nala Pulia D-2 Block, Nand Nagri near Railway crossing, Delhi accused Om Prakash was found in possession of 300 grams of smack containing purity diacetylemorphene, Phenobarbital, Diazepam and alprazolam 0.62%, 3.0%, 0.1% and 5.09% respectively in small quantity without any license or permitted. It is further the case of the prosecution that accused Om Prakash also revealed the name of other co-accused persons namely Meeta W/o Melu, Parveen, Ajay Kumar, Om Praksh and Meeta W/o Bijender and stated that on 17.09.2007 at 09:15 AM, at ganda nala pulia D-2 Block, Nand Nagri near railway crossing Delhi with their common intention and voluntarily obstructed the complainant/HC Dilawar Singh and other police staff who were performing their official duty being public FIR No. 802/2007 (Nandnagari) Page No. 2 of 23 Digitally signed by TANYA BAMNIYAL TANYA Date: BAMNIYAL 2026.03.28 16:55:05 +0530 servant at that time and also during discharging of their duties, all the accused persons mishandled them. Further, accused persons intentionally caused hurt to ASI Devender, ASI Rishi Ram and HC Bijender during execution of their duties. Accordingly, FIR was registered against the accused and they were chargesheeted.
Charge:
2. Prima facie case of commission of offences under Section 21A of NDPS Act was made out against the accused Om Prakash and Section 186/332/353/34 IPC was made out against the accused Meeta W/o Melu, Meeta W/o Bijender, Parveen, Om Prakash and Ajay Kumar and charge was framed upon them on 20.03.2012, wherein they pleaded not guilty and claimed trial. Also, charge u/s 174A IPC was also framed against accused Meeta Devi W/o Bijender on 08.12.2025, wherein she pleaded guilty and did not claim trial. Consequently, she was sentenced to pay fine of Rs.
500/- which was paid by her on 08.12.2025.
Evidence led by the prosecution:
3. The prosecution has examined 12 witnesses.
4. PW1 SI Rishi Ram Retd. SI Ramotar deposed that on 17.09.2007, he was posted at ISC, Chanakyapuri, Crime Branch and on that day, at about 7.15 PM while he was present in the office, SI Akshay Kumar called him in his office alongwith HC FIR No. 802/2007 (Nandnagari) Page No. 3 of 23 Digitally signed by TANYA BAMNIYAL TANYA Date: BAMNIYAL 2026.03.28 16:55:09 +0530 Sanjay, HC Dilawar, HC Pramod, Ct. Ved Prakash, SI Rishiram and SI Devender, Ct. Anand. SI Akshay Kumar told them that he received a secret information that one Bijender Sahsi alongwith his one relative Om Prakash would go to supply smack from D-2/376, Nand Nagari to B-Block, Mangole Puri between 8.30 PM to 9.30 PM. They all left the office of ISC vide DD no.12 in two separate vehicles bearing registration no.DL-6CJ-0517 make Qualis and one Gypsy bearing no.DL-1CJ-4414 at around 7.30 PM with IO Kit and weighing machine with weight alongwith secret informer. At around 8.30 PM, they reached Nathu Colony, Railway Crossing, Nand Nagari where SI Akshay Kumar asked 4-5 persons to join the raiding party but none agreed. They held Nakabandi near the pulia railway crossing, Nathu Colony. Thereafter, at around 9.15 PM, secret informer pointed out two persons who were coming from D-
Block Nand Nagari side and after pointing out, they apprehended both the persons. Later on there names were revealed as Bijender Sahsi and Om Prakash. Accused Bijender Sahsi was apprehended by SI Akshay and HC Dilawar and accused Om Prakash was apprehended by Ct. Ved Prakash and HC Veerpal who was also the member of raiding party. SI Akshay introduced himself to accused Om Prakash and his associate Bijender and told them about secret information received by him. He also informed to both accused persons that they are having legal right to conduct their search in presence of either Gazetted officer or Magistrate if they desire. SI Akshay Kumar served a notice U/s 50 NDPS Act to this effect to FIR No. 802/2007 (Nandnagari) Page No. 4 of 23 Digitally signed by TANYA TANYA BAMNIYAL BAMNIYAL Date:
2026.03.28 16:55:13 +0530 accused Om Prakash. Meanwhile public persons gathered there and started shouting. SI Akashay Kumar warned them not to disturb them as legal proceeding is going on. Despite his warning, public persons continued to disturb the proceedings. Associate of accused Om Prakash namely Bijender fled away from the spot. SI Akshay Kmar handed over the custody of accused Om Prakash to HC Veerpal and Ct. Ved Prakash and other members of raiding party team alongwith SI Akshay Kumar started chasing accused Bijender. When they reached D2-block, Nand Nagari, relative of accused Bijender started pelting stones upon them. Due to that, ASI Devender received injury on his head and ASI Rishiram and he also received injury during this incident, however, accused Bijender succeeded to flee away. After that, they returned to the spot where accused Om Prakash was in custody of HC Veerpal and Ct. Ved Prakash. Accused Om Prakash refused to take his search before the Magistrate or Gazetted Officer, his reply was written on the notice by one member of raiding party team and he put his thumb impression. After that, search of accused Om Prkash was taken by SI Akshay Kumar and from his right side pocket of wearing kurta, one transparent polythene having Katthai (brown) powder was recovered. SI Akshay Kumar tested the same and told them that recovered material are smack. Accused Om Prakash also disclosed that recovered material / powder is smack. Thereafter, blood was oozing from head of ASI Devender, due to that we all member of raiding party alongwith accused Om Prakash went to GTB Hospital FIR No. 802/2007 (Nandnagari) Page No. 5 of 23 Digitally signed by TANYA BAMNIYAL TANYA Date: BAMNIYAL 2026.03.28 16:55:17 +0530 where he, ASI Devender and ASI Rishiram got medical treatment. HC Pramod remained with him and ASI Devender and ASI Rishiram while they were taking medical treatment in GTB Hospital. SI Akshay Kumar proceeded in the parking of GTB Hospital for further proceedings. After getting medical treatment, he got free at around 12.30 AM and went to the parking of GTB Hospital where SI Akshay Kumar had given one rukka, FSL Form, copy of seizure memo and three pullandas sealed with the seal of AK to me. He left GTB parking at around 1.00 AM with these pullandas and documents and went to PS Nand Nagri. He handed over rukka to duty officer ASI Dayal Singh who was performing duty of duty officer at that time in PS Nand Nagri as well as handed over these three pullandas, FSL Form, Seizure memo to Sh. Satish Kumar, SHO of PS Nand Nagri. SHOPS Nand Nagri put his seal 'SK' on pullandas and FSL Form. Sh. Satish Kumar also mentions FIR number on FSL form, Seizure memo and pullandas and deposited the pullandas in the Malkhana and made entry in register no.19. After registration of FIR 802/07, duty officer had given copy of FIR and rukka to him. He returned to the spot with copy of FIR and rukka and handed over the same to IO ASI Chiranji Lal. SI Chiranji Lal mentions the FIR number on documents earlier prepared by SI Akshay Kumar. IO arrested accused Om Prakash and conducted his personal search, during his personal search, a sum of Rs. 1,170/- and copy of notice U/s 50 of NDPS were recovered. At around 4:45 AM, they reached police station Nand FIR No. 802/2007 (Nandnagari) Page No. 6 of 23 Digitally signed by TANYA BAMNIYAL TANYA Date: BAMNIYAL 2026.03.28 16:55:20 +0530 Nagari. IO deposited personal search in the Malkhana and accused was produced before SHO Sh. Satish Kumar. SHO interrogated accused Om Prakash. IO recorded the statement of SHO Sh. Satish Kumar. After that, they went to ISC, officer of Crime Branch, Chanakya Puri where 10 recorded my statement. Accused was produced before the court.Thereafter, on 01.10.2007, on the direction of IO, he took three pullandas with FSL Form from Malkhana of PS Nand Nagri to FSL, Rohini vide RC No.31/21 where he deposited them against deposit, he received a receipt to this effect. He returned to PS Nand Nagri and handed over the receipt to MHC(M). He did not tamper the seal of pullandas so long as it remained in his possession. On 26.9.08, he alongwith SI Akshay Kumar, HC Pramod and HC Dilawar came to the court in respect of the investigation of case FIR 197/06 of PS Shahdara. At around 4.00 PM, ASI Devender and Ct. Devender and W/Ct. Anu Sharma met them. Three accused persons were in their custody. After inquiry, they came to know the name of accused persons Meeta and accused Ajay and one Parveen, they were the person who were pelting stones on 17.09.2007 upon police team while they were trying to apprehend accused Bijender. At that time, they were accompanied by other persons.
5. PW2 SI Rishi Ram deposed that on the same lines as PW1.
He correctly identified the accused Meeta W/o Bijender and Meeta FIR No. 802/2007 (Nandnagari) Page No. 7 of 23 Digitally signed by TANYA TANYA BAMNIYAL BAMNIYAL Date: 2026.03.28 16:55:25 +0530 W/o Melu Ram.
6. PW3 HC Dilawar Singh deposed on the same lines as PW1 and PW2. He further deposed that SI Akshay Kumar weighed the recovered material by weighing machine and it was found 300 gms. SI Akshay Kumar separated 10 grams, two samples each from the recovered powder and prepared the two sample pullandas separately by keeping the small polythene and said small polythene was wrapped in white colour cloth, Mark A and B. Remaining brown powder was kept in same transparent polythene and pullanda of the same was also prepared with the help of white colour cloth and it was marked as Mark C. All the pullandas were sealed with the seal of AK and one seal impression was put on all three pullandas. FSL form was also filled upby SI Akshay Kumar and initial of the seal was also put on the said pullanda. After using the seal, it was handed over to him. During this process, in the hospital parking, two local police officials came, however, he does not remember their names, however, one of them was Ct. and another was ASI. Case property was taken into possession vide seizure memo Ex. PW 3/A, which bears his signatures at point A. SI Akshay Kumar wrote a rukka and handed over the same to HC Vijender for registration of the case. SI Akshay Kumar also handed over the sealed pullanda, FSL Form and carbon copy of seizure memo to HC Vijender for handing over the same to SHO, PS Nand Nagri. HC Vijender left FIR No. 802/2007 (Nandnagari) Page No. 8 of 23 Digitally signed by TANYA TANYA BAMNIYAL BAMNIYAL Date:
2026.03.28 16:55:30 +0530 the hospital at around 1 am by Qwalis Car for registration of the case, and handed over the case property to SHO. ASI Chiranji Lal second IO of the case came to the hospital along with SI Manjeet, HC Ghanshyam and HC Pawan. SI Akshay Kumar briefed about the case to ASI Chiranji Lal and others. Prior to handing over the rukka, ASI Rishi Ram HC Vijender, ASI Devender came to the parking of the hospital after getting medical treatment. After coming of SI Chiranji Lal and briefing about the case, they left the hospital and went away to pulia D 2 block, Nand Nagri. ASI Chiranji Lal, IO prepared site plan at the instance of SI Akshay Kumar. IO recorded the statement of SI Akshay Kumar and he was discharged from the investigation. At around 2.30 am, HC Vijender came to the spot with copy of FIR and rukka and handed over the same to ASI Chiranji Lal. IO mentioned the FIR number on the seizure memo and other documents. Accused Om Parkash was arrested vide arrest memo Ex. PW3/B which bears his signatures at point A and his personal search was taken vide personal search memo Ex. PW3/C which bears his signatures at point A. During personal search of accused Om Parkash, cash , Rs. 1170/-and one notice under Section 50 NDPS Act was recovered. Accused Om Parkash was interrogated and his disclosure statement Ex. PW3/D which bears his signatures at point A was recorded. From the spot, we came to the P.S Nand Nagri with accused Om Parkash. Aceused Om Parkash was produced before SHO of PS Nand Nagri. Accused disclosed that the persons who were pelting stones on the police FIR No. 802/2007 (Nandnagari) Page No. 9 of 23 Digitally signed by TANYA TANYA BAMNIYAL BAMNIYAL Date:
2026.03.28 16:55:34 +0530 party are the relatives of Vijender. Accused also disclosed that he may point out accused Tilak Raj @ Tilku through whom the smack was to be delivered. After that they along with accused Om Parkash came to the house of accused Vijender and house of relatives of Vijender but these were found locked. After that, we along with accused Om Parkash went to the house of Tilak Raj@ Tilku situated at B 787, Mangol Puri, Delhi but it was found locked. After that, they returned to the office of Crime Branch where his statement was recorded. The accused Om Parkash was produced before the court from where police custody was got obtained by IO ASI Chiranji Lal. During police custody, accused Om Parkash was again interrogated by the IO. Accused Om Parkash made supplementary disclosure vide memo Ex. PW3/E which bears his signatures at point A. Accused Om Parkash disclosed that accused Vijender had a house in gali no. 5 in Sangam Vihar, Kachi colony where he along with Meeta and Vijender used to mix the smack and other materials in different ratio and they convert 1 kg smack into 4 kg smack by mixing the power chemical, stickni and cut. In the said house, the smack and other materials have been kept by them. Next day, i.e. 19.09.2007, he along with IO SI Chiranji Lal and HC Sanjay and other police officials went to the gali no. 5, where the said house was marked as house no. 406 by the Electric Department. Later on, after making local enquiry the number of the said house was revealed as house no. 291, gali no. 5, Sangam Vihar. Accused Om Parkash pointed out the said house, IO prepared pointing out memo FIR No. 802/2007 (Nandnagari) Page No. 10 of 23 Digitally signed by TANYA TANYA BAMNIYAL BAMNIYAL Date: 2026.03.28 16:55:38 +0530 Ex. PW3/F which bears his signatures at point A.Meanwhile, public persons of the locality started gathering. IO asked four persons to join the proceedings but none agreed and they went away without telling their names and addresses. Accused Om Parkash took out five keys, tied with the thread under the gate of the iron installed at the main gate. One key was big key and four other keys were small.
From the said keys, accused Om Parkash opened the door of the house and they entered the said house. From the front room of the said house, two Thakats were lying upon which several utensils like Karahi, Mixer Grinder, degchi, and one steel thali, two spoons of steel, foil papers etc. were found and disclosed that they used to mix the smack with the help of said utensils and Mixture Grinder. One used foil paper by which the smack was being consumed was also recovered. The remnants of the smack was also found on the said used foil. All utensils and Mixture Grinder were having remnants of smack and other materials. All utensils and mixture were marked as Sl. no. 1 to 6 and recovered used foil paper was marked as Sl. no. 7 and four electric bills in the name of Yunus were also recovered, foil papers and tissue papers were marked as SI. No. 9, recovered utensils, foil papers, tissue papers and mixture were kept in a plastic gunny bag and used foil paper was kept in a brown envelope. Plastic gunny bags and envelop were sealed with the seal of C.L FSL form was filled up by 1O. He also put the seal of C.L on FSL form. After using the seal, it was handed over to him. Case property was taken into possession vide seizure memo Ex. PW3/G, which FIR No. 802/2007 (Nandnagari) Page No. 11 of 23 Digitally signed by TANYA TANYA BAMNIYAL BAMNIYAL Date:
2026.03.28 16:55:41 +0530 bears my signatures at point A. They returned to PS Nand Nagri with recovered case property and it was deposited with the malkhana of PS Nand Nagri. They made efforts to trace the associates of accused Om Parkash but they could not be traced. IO recorded his statement in the office of Crime Branch. SI Akshay Kumar when handed over the seal after its use at the time of first recovery, the memo Ex. PW3/HI was made. On 26.09.2008, he along with Inspector Akshay Kumar, HC Pramod Kumar, HC Vijender Singh went to Karkardooma court for investigation of FIR No.197/06 u/s 399/402 of PS: Shahdara and at about 04.00p.m., they reached at main gate hall of Karkardooma Court where they saw accused Ajay Kumar, accused Praveen and accused Smt. Meeta @ Bhindi who were along with Ct. Devender and Ct. Anju Sharma. He identified the accused persons Om Prakash, Praveen, Meeta W/o Vijender, Ajay Kumar and Meeta @ Bhindi and told that these are the same person who had pelted the stones on 17.09.2007 along with their relatives and got the accused Vijender free from our clutches. His supplementary statement was recorded.
7. PW4 Inspector Akshay deposed that on on 17.09.2007, he was posted at Inter State Cell, Chanakya Puri, Crime Branch, New Delhi as SI. On that day, at about 7.00 PM while he was present in the office of Dilawar and informed that one Bijender by caste of Sanshi alongwith his relative (Saddhu) namely Om Prakash would FIR No. 802/2007 (Nandnagari) Page No. 12 of 23 Digitally signed by TANYA TANYA BAMNIYAL BAMNIYAL Date:
2026.03.28 16:55:46 +0530 go to Mangole Puri from his residence at Nand Nagri to supply the Smack. HC Dilawar conveyed the said information to him. He verified the information from the informer and introduced him before the ACP where Insp. Jitender Singh was also present. On the direction of ACP, he initiated the proceedings and said information was noted down as DD no.1l which is Ex. PW4/A. He formed a raiding party consisting myself, HC Dilawar, HC Veerpal, Ct. Ved and HC Sanjay HC Bijender, ASI Rishi Ram, ASI Devender, HC Pramod and Ct. Anand including secret informer and deposed on same lines as PW1, PW2 and PW3. He further deposed that the case property was taken in to possession vide seizure memo already Ex. PW3/A which bears my signature at point B. At around 1.00 AM in the same night, ASI Rishi Ram, ASI Devender and HC Vijender were discharged from hospital and came outside the hospital building. He prepared rukka which is Ex. PW4/C which bears his signature at point A and handed over the same and sealed case property to HC Vijender for registration of the case. HC Vijender left the hospital with rukka and sealed case property for PS Nand Nagri. 'ASI Chiranji Lal, HC Pawan, HC Ghanshyam and SI Manjit Singh came to GTB Hospital. same and sealed case property to HC Vijender for registration of the case. HC Vijender left the hospital with rukka and sealed case property for PS Nand Nagri. 'ASI Chiranji Lal, HC Pawan, HC Ghanshyam and SI Manjit Singh came to GTB Hospital. Further investigation of the case was assigned to ASI Chiranji Lal. I handed over the custody of accused Om Prakash FIR No. 802/2007 (Nandnagari) Page No. 13 of 23 Digitally signed by TANYA BAMNIYAL TANYA Date: BAMNIYAL 2026.03.28 16:55:49 +0530 to ASI Chiranji Lal. After that, they all went to the spot with accused Om Prakash where ASI Chiranji Lal IO prepared the site plan at his instance which is Ex. PW4/D, which bears his signature at point 1. ASI Chirani Lal recorded his supplementary statement He correctly identified the case property, Ex. P1.
8. PW5 ASI Naresh Kumar deposed that on 18.09.2007, he was posted at PS Nand Nagri as MHC(M) and on that day, Inspector Satish Kumar handed over him three sealed pullandas along with form of FSL sealed with the seal of AK and SK. He received the same and deposited in malkahna and made entry in register no. 19A, at S1. no. 4224 copy of which is Ex, PWS/A, which bears his signatures at point A. His statement was recorded and next day, i.e. on 19.09.2007, IO handed over him one sealed pullanda ie. plastic katta and one khakhi envelope sealed with the seal of CL and one unsealed envelope containing bunch of keys. He deposited the same and made entry in register no. 19A at Sl. no. 4227, copy of which is Ex. PW5/B which bears my signatures at point A. On 01.10.2007, a sealed pullanda was sent to FSL Rohini through HC Vijender vide RC No. 239/21/2007. He deposited the same to FSL Rohini and handed over the receipt to me. Copy of RC is Ex. PW5/C and receipt is Ex. PWS/D, which bears his signatures at point A. His supplementary statement was recorded. So long as the case property remained in his possession it was not tampered with.
FIR No. 802/2007 (Nandnagari) Page No. 14 of 23 Digitally signed by TANYA BAMNIYAL TANYA Date: BAMNIYAL 2026.03.28 16:55:53 +0530
9. PW6 SI Chiranji Lal deposed on the same lines as PW1, PW2, PW3 and PW4.
10. PW7 HC Dilawar Singh deposed that on 18.09.2007, he was posted at PS Nand Nagri as SHO and on that day at about 01:20 AM, HC Bijender Singh Crime came to him and produced three pullandas sealed with the seal of AK alongwith form of FSL and carbon copy of seizure memo and after receiving the same, he put his seal SK on the same. An FIR was registered vide DD no. 43A and filled upon the FIR number on pullandas and signed the same. Thereafter, at about 01:40 AM, he handed over the same to MHC(M) for depositing the same to the malkhana. He further recorded DD No. 44A at about 02:00 AM and at around 04:50 AM, ASI Chiranji Lal produced the accused Omprakash.
11. PW8 Retired SI Dayal Singh deposed that on on 18.09.2007, he was posted as duty officer from 01:00 AM to 09:00 AM and on that day, at about 01:10 AM, HC Vijender handed over him the rukka sent by SI Akashya Kumar and he received the same and on the basis of which, he recorded the FIR, computerized copy of the same, Ex. PW8/A and made endorsement on rukka, Ex. PW8/B and after registration of FIR, he handed over the copy of FIR and original rukka to HC Vijender to be handed over the same to ASI FIR No. 802/2007 (Nandnagari) Page No. 15 of 23 Digitally signed by TANYA TANYA BAMNIYAL BAMNIYAL Date:
2026.03.28 16:55:57 +0530 Chiranji Lal for further investigation. Thereafter, at about 01:10 AM on the same day, DD no. 43A was recorded regarding registration of FIR, Ex. PW8/C (OSR), DD entry no. 44A was recorded regarding deposition of case property by SHO Inspector Satish Kumar, Ex. PW8/B and thereafter, the investigation was marked to ASI Chiranji Lal, Ex. PW8/E.
12. PW9 SI Ajmer Singh deposed that on 18.09.2007, he was posted at ISC Chanakya puri, Crime Branch as HC and working as Reader to ACP, ISC and on that day, a report u/s 57NDPS Act was handed over to him by SI Akshay Kumar and he received the same and made entry in dispatch register at SI. No. 926, Ex. PW9/A (OSR) and on 19.09.2007, a report u/s 57 NDPS Act was handed over to him by ASI Chiranji Lal. He received the same and made entry in dispatch register at SI. No. 927, Ex. PW9/B (OSR).
13. PW10 ASI Devender deposed that on 15.03.2008, he was posted in ISE Crime Branch, Chanakyapuri as Constable and on that day, he joined investigation of present case with ASI Devender and visited Tihar Jail where IO arrested accused Bijender (Deceased) in his presence and prepared arrest memo, Ex. PW10/A and thereafter, IO personally served the accused and recorded his disclosure statement and prepared memos Ex. PW10/B and Ex. PW10/C. That on 16.03.2008, he joined investigation of present FIR No. 802/2007 (Nandnagari) Page No. 16 of 23 Digitally signed by TANYA TANYA BAMNIYAL BAMNIYAL Date:
2026.03.28 16:56:00 +0530 case with IO ASI Devender and alongwith IO and accused Bijdner visited H.No. 406, Gali No. 5, Fateh Singh Marg, Sangam Vihar where IO prepared demarcation memo, Ex. PW10/D and recorded his own statement. It is further deposed that on 26.09.2008, he alongwith ASI Devender Kumar visited Karkadooma Court where accused Meeta @Bhindi (Deceased), Ajay and Parveen had surrendered before the court and IO arrested Meeta in his presence and prepared arrest memo, Ex. PW10/E and arrested all accused namely Meeta, Parveen and Ajay and prepared arrest memo, Ex. PW10/F and thereafter, recorded disclosure statement of Parveen, Ajay and Smt. Meeta @Bhindi vide memos Ex. PW10/G, Ex. PW10/H and Ex. PW10/I. That IO issued notice Ex. PW10/J to all accused persons and recorded statement u/s 161 Cr.P.C.
14. PW11 Retired ASI Rambir Singh deposed that on 17.07.2007, he was posted at PS Nand Nagri as ASI and on that day at about 09:50 PM, one DD entry no. 31 marked to him for investigation by senior officer regarding quarrel and after that he reached at the spot i.e. D2, Nand Nagri where the crowd gathered and he came to know that crime branch team was already at the spot and that crowd was pelting stones over the team. Police officials were injured and they were shifted to GRB Hospital for treatment and after that he went to the hospital and met the injured police officials namely HC Vijender, ASI Devender and ASI Rishiraj. He obtained the MLC FIR No. 802/2007 (Nandnagari) Page No. 17 of 23 Digitally signed by TANYA TANYA BAMNIYAL BAMNIYAL Date:
2026.03.28 16:56:04 +0530 from hospital regarding the said injured persons. Thereafter, he inquired SI Akshay who told him about the quarrel and then he came back to the PS and handed over the MLC to ASI Chiranjee Lal and he recorded his statement.
15. PW12 Retired ACP Udaiveer Singh deposed that on 08.08.2008, he was posted as ACP at Sunlight Colony, Crime Branch and on that day, SI Devender Singh came to his office and handed over one complaint regarding obtaining reprot u/s 195 Cr.P.C. and after that he gone through the said complaint alongwith the documents and gave permissions on written u/s 195 Cr.P.C. to said IO, Ex. PW12/A.
16. Thereafter, PE was closed on 25.05.2023.
Examination of accused u/s 313 Cr.P.C. ( U/s. 351 of BNSS)
17. Statement of accused persons namely Parveen, Ajay Kumar and Meeta Devi W/o Bijender Shubham u/s 313 Cr.PC ( U/s. 351 of BNSS) was recorded on 10.12.2025 separately wherein they denied the allegations raised against him and opted not to lead defence evidence and thereafter, matter was listed for final arguments.
Final Arguments:
18. The Ld. APP for the State has argued that the testimonies of FIR No. 802/2007 (Nandnagari) Page No. 18 of 23 Digitally signed by TANYA BAMNIYAL TANYA Date: BAMNIYAL 2026.03.28 16:56:07 +0530 prosecution witnesses are consistent and corroborate each other and the prosecution has been able to prove the guilt of the accused beyond doubt.
The Ld. Defence counsel on the other hand has argued that there are serious inconsistencies in the deposition of prosecution witnesses and therefore, benefit of doubt should be given to the accused persons and they should be acquitted in the present case.
Analysis and Findings:
19. In order to substantiate its case, the prosecution examined several witnesses, including PW1 HC Vijender, PW2 SI Rishi Ram, PW3 HC Dilawar Singh, PW4 Inspector Akshay Kumar and PW6 SI Chiranjilal. The testimonies of these witnesses establish that a raiding party had been constituted on the basis of secret information; that one accused Om Prakash was apprehended at the spot; that co-accused Bijender fled away; and that during the course of chasing him allegedly some of his relatives started pelting stones upon the police party, resulting in injuries to police officials namely ASI Devender, ASI Rishi Ram and HC Vijender. The medical evidence on record corroborates the factum of injuries sustained by the said police officials.
20.Thus, there is no reason to disbelieve that an incident of obstruction and use of force against police officials did take place on the date, FIR No. 802/2007 (Nandnagari) Page No. 19 of 23 Digitally signed by TANYA TANYA BAMNIYAL BAMNIYAL Date: 2026.03.28 16:56:11 +0530 time and place as alleged by the prosecution. The essential ingredients of offences punishable under Sections 186, 332 and 353 IPC, insofar as the occurrence of such acts is concerned, stand established from the evidence on record.
21.However, the crucial question that arises for determination is whether the prosecution has been able to establish beyond reasonable doubt that the present accused persons were the perpetrators of the said acts. In this regard, it is an admitted position that none of the accused persons were apprehended at the spot. Their names did not surface in the initial stage of investigation. The identification of the accused persons has been sought to be established on the basis of their alleged identification by the police witnesses at a much later stage, i.e., on 26.09.2008 in the court premises as per the testimony of HC Dilawar Singh. This identification has taken place after a considerable lapse of time of more than one year from the date of incident. A careful scrutiny of the testimonies of the material prosecution witnesses reveals certain inconsistencies and infirmities which go to the root of the matter and render the prosecution version doubtful insofar as the identity and participation of the accused persons are concerned. While the witnesses have broadly deposed about the occurrence of stone pelting, there are material variations inter se with respect to the manner in which the incident unfolded, the role attributed to the FIR No. 802/2007 (Nandnagari) Page No. 20 of 23 Digitally signed by TANYA TANYA BAMNIYAL BAMNIYAL Date:
2026.03.28 16:56:15 +0530 assailants, and the circumstances under which the accused persons were allegedly identified. It is noteworthy that none of the witnesses have given any prior description of the assailants in their statements recorded during investigation, nor have they explained as to how they were able to subsequently identify the accused persons after a considerable lapse of time. The testimonies are also conspicuously silent on specific overt acts attributable to each accused, and the allegations remain vague and omnibus in nature. Further, discrepancies emerge regarding the exact sequence of events, the number of persons present at the spot, and the manner in which they gathered and dispersed. Such inconsistencies assume significance in the present case, particularly when the accused persons were not apprehended at the spot and their identification is itself in question. The absence of corroboration from any independent public witness further compounds these infirmities. In criminal jurisprudence, where the case hinges upon identification and participation of the accused, such inconsistencies cannot be brushed aside as minor discrepancies; rather, they create a reasonable doubt in the prosecution case, thereby entitling the accused persons to the benefit of doubt. In such circumstances, the possibility of mistaken identity cannot be ruled out, particularly when the accused persons were not known to the witnesses beforehand.
22.Further, despite the presence of a large number of public persons at FIR No. 802/2007 (Nandnagari) Page No. 21 of 23 Digitally signed by TANYA TANYA BAMNIYAL BAMNIYAL Date:
2026.03.28 16:56:19 +0530 the spot, no independent public witness has been examined by the prosecution. No satisfactory explanation has been furnished for non-joining of independent witnesses. The entire case of the prosecution rests upon the testimony of police officials. Though there is no legal bar in relying upon the testimony of police witnesses, yet in the facts and circumstances of the present case, where the identity of the accused is itself in question, the absence of independent corroboration assumes significance.
23.Another important aspect is that no specific overt act has been attributed to any of the accused persons. Further, the prosecution has also failed to establish the element of common intention as required under Section 34 IPC. There is no evidence to show any prior meeting of minds or pre-arranged plan among the accused persons. In absence of such evidence, the applicability of Section 34 IPC cannot be sustained.
24.In view of the aforesaid discussion, though the prosecution has been able to prove that an incident involving obstruction of public servants and use of force did occur, it has failed to prove beyond reasonable doubt that the present accused persons were the participants in the said incident. The identity of the accused persons remains doubtful and the benefit of such doubt must necessarily enure to them.
FIR No. 802/2007 (Nandnagari) Page No. 22 of 23 Digitally signed by TANYA BAMNIYAL TANYA Date: BAMNIYAL 2026.03.28 16:56:22 +0530
25.Accordingly, this Court is of the considered view that the prosecution has failed to bring home the guilt of the accused persons beyond reasonable doubt. The accused persons, namely Meeta (W/o Late Bijender), Praveen and Ajay Kumar, are therefore entitled to be acquitted. Hence, all the accused persons are hereby acquitted of the charges for offences punishable under Sections 186/332/353/34 IPC. Meeta W/o Lt. Bijender, Praveen and Ajay Kumar are directed to furnish bail bonds u/s 437A of Cr.P.C./481 BNSS, 2023 Copy of this judgment be given free of cost to the accused persons. Digitally signed by TANYA BAMNIYAL TANYA Date:
BAMNIYAL 2026.03.28 16:56:25 +0530 Announced in the open (TANYA BAMNIYAL) court on 28.03.2026 CJM, (North East District), KKD Courts, Delhi This judgement contains 23 pages and each page bears my signature.
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