Delhi High Court - Orders
Mohd Latif Khan & Anr vs State Of Nct Of Delhi And Ors on 11 July, 2022
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~58
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1488/2022
MOHD LATIF KHAN & ANR. ..... Petitioners
Through: Ms.Shriya Maini, Advocate with both
petitioners.
versus
STATE OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr.Sanjay Lao, Standing Counsel
(Crl) for the State, Mr.Karanjeet Rai
and Ms.Supriya Manan, Advocates
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 11.07.2022
1. This petition is filed with the following prayers:-
A. To issue a writ of Mandamus or any other appropriate Writ(s) or Order(s) directing the Respondents (erring police officials of Special Staff, Police Station Vasant Vihar, South West, New Delhi including namely Mr. Sanjay Kundu and Investigating Officer namely Mr. KIP of P.S. South Campus) to satisfy this Hon'ble Court that the custody of the Petitioner No. 2 namely Mr. Azad Khan S/o Mr. Mohd. Latif Khan R/o House No. 424, Block P - 1 Sultan Puri, Nithari North West Delhi - 110086, was not illegal and/or;
B. To issue a writ of Mandamus or any other writ in the nature of Mandamus / other appropriate writ or directions directing the Respondents to produce the necessary and relevant records, including CDR's and duty registers of erring Respondent police personnel including namely Mr.Sanjay Kundu, Special Staff, Police Station Vasant Vihar, South West, New Delhi, pertaining to the CCTV footage/ camera recordings of the Special Staff, Police Station Vasant Vihar, South West, New Delhi dated 24.05.2022 and 25.05.2022 where the Petitioner No. 2 namely Azad Khan was illegally forcefully detained, brutally beaten and taken for purported interrogation/ recovery, so that the same may be preserved for purposes of further investigation and inquiry.
C. To issue a writ of Mandamus or any other appropriate Writ(s)/Order(s) directing the erring Respondent Police Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:12.07.2022 17:00 officials i.e. the Respondents (including Mr. Sanjay Kundu, Special Staff, Police Station Vasant Vihar New Delhi and the Investigating Officer namely Mr. KIP, P.S. South Campus) to compensate the Petitioners namely Mr. Azad Khan and Mr. Mohd. Latif Khan with Rs. Five (5) Lakhs only each on account of unreasonable and inordinate harassment and torture caused to them for no fault of theirs in the captioned FIR owed to Azad Khan's illegal detention and thrashing for 2 full days on dated 24.05.2022 and 25.05.2022;
D. To issue a writ of Mandamus or any other appropriate Writ/Order(s) directing the initiation of a Magisterial and Departmental Inquiry against the erring Police officials i.e. the Respondents (including Mr. Sanjay Kundu, Special Staff, Police Station Vasant Vihar New Delhi and the Investigating Officer namely Mr. KIP, P.S. South Campus) for having openly flouted the laws and for not having complied with the mandatory provisions of the Indian Constitution and Criminal Procedure Code, 1973; E. To issue a writ of Mandamus or any other appropriate Writ/Order(s) directing handing over of the further investigation of E - F.I.R. No.000098 2022 registered at P.S. South Campus for M.V.Theft titled "State v. Sukhwinder and Others" registered under sections 379 / 34 IPC, 1860 and the Criminal Complaints dated 01.06.2022 made by Mohd. Latif Khan against the erring Police officials (Respondents herein) to the Crime Branch or setting up a court monitored probe;
F. To issue a writ of Mandamus or any other appropriate Writ/Order(s) directing the Respondents to file detailed Status Reports and update this Hon'ble Court as to status of investigation and departmental inquiries conducted so far against the erring Police officials i.e. Respondents (including Mr. Sanjay Kundu, Special Staff, Police Station Vasant Vihar New Delhi and the Investigating Officer namely Mr. KIP, P.S. South Campus) based upon the specific Criminal Complaint dated 01.06.2022 preferred by Petitioner No. 1 namely Shri Mohd. Latif Khan herein; G. To issue a writ of Mandamus or any other appropriate Writ/Order(s) directing the Respondents to provide all the information required including CCTV footage/Camera Recordings/inner case diary/ documents/communication etc. and make the same available to the Central Bureau of Investigation. And pass any other or further orders, as this Hon'b1e Court may deem fit and proper in the Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:12.07.2022 17:00 circumstances of the present case.
2. The learned counsel for the petitioners submit petitioner No.2 / Azad was detained illegally by the Special Staff of Delhi Police on 24.05.2022 at night and he was kept in illegal detention for two days and was produced only on 26.05.2022 before the Court, when he was discharged by rejecting the application of police for remand.
3. On the other hand, learned Standing Counsel for the State appearing on advance notice submits petitioner No.1 herein is the Bad Character of the area and there was a theft of bicycle and eFIR was registered on 15.05.2022; petitioner No.1 was called for investigation by the Special Staff and was let off on 24.05.2022 itself after enquiry, but later was arrested on 25.05.2022 by South Campus police station in connection with eFIR No.98/2022. It is stated he was produced within 24 hours before the Court i.e. on 26.05.2022 in the morning itself and the application for police custody was also moved, but was rejected by the order annexure P2.
4. The learned Standing Counsel (Crl) intends to file status report in this regard. As sought, status report be filed before next date of hearing with an advance copy thereof to the learned counsel for petitioner.
5. As sought, the video recording in pen drive by placed on record by petitioner within a week from today with a copy thereof to the State.
6. List again on 02.12.2022.
YOGESH KHANNA, J.
JULY 11, 2022 M Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:12.07.2022 17:00