Delhi High Court - Orders
Mahesh Khatri vs State Nct Of Delhi & Ors on 20 October, 2020
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1718/2020
MAHESH KHATRI ..... Petitioner
Through: Mr Joginder Tuli, Ms Joshini Tuli, Mr
Shrikant Sharma and Mr Ishu
Sharma, Advocates.
versus
STATE NCT OF DELHI & ORS. ..... Respondents
Through: Mr Rahul Mehra, Standing Counsel
(Crl.) with Mr Chaitanya Gosain,
Advocate.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 20.10.2020 [Hearing held through videoconferencing] CRL.M.A. 14483/2020
1. Allowed, subject to all just exceptions.
W.P.(CRL) 1718/2020
2. The petitioner has filed the present petition, inter alia, praying as under:-
"a) Allow this writ petition and issue a writ of mandamus or any other writ, orders or directions to the Commissioner of Police/Respondent no.2 to conduct vigilance and fair inquiry under the supervision of senior officer against the Respondent no.3 in FIR No.330/2020 registered u/s 356/379/34 of the IPC at PS Kanjhawala for threatening to illegally implicate the petitioner and threatening and harassing the Signature Not Verified Signed By:Dushyant Rawal Location: Signing Date:21.10.2020 00:12:50 petitioner, his widow senior citizen mother and pregnant wife by sending 5 police officials from police station Kanjhawala on 16.10.2020 at about 12:15 pm to the house of the petitioner for withdrawing the complaint filed against him or else more false cases will be filed against the petitioner."
3. It is the petitioner's case that FIR No.0330/2020 under Sections 356/379/34 of the IPC was registered on 07.09.2020 in respect of an incident that had occurred at about 11:20 AM. The petitioner alleges that after registration of the FIR, respondent no.3 (SHO, PS Kanjhawala) started harassing him and threatening him that he would be implicated in the said FIR. The petitioner claims that at the time of the incident (which relates to chain snatching), he was at the All India Institute of Medical Sciences (AIIMS) for the medical check-up of his wife, who was three months pregnant at that time. He states that the alleged offence was committed at a spot which was more than two driving hours away from AIIMS.
4. On 08.10.2020, the petitioner filed a complaint with respondent no.2 (Commissioner of Delhi Police) and requested that the vigilance inquiry be conducted against SHO, PS Kanjhawala (respondent no.3) for threatening him and falsely implicating him in the FIR in question.
5. The petitioner alleges that on 16.10.2020, five police officials from PS Kanjhawala including two in plain clothes barged into his house at about 12:15 PM. At that time, the petitioner was not present in his residence. It is alleged that they harassed and traumatised his widowed mother and his pregnant wife. The petitioner also alleged that the said officials stated that they will teach the petitioner a lesson for filing a vigilance complainant Signature Not Verified Signed By:Dushyant Rawal Location: Signing Date:21.10.2020 00:12:50 against respondent no.3 (SHO, PS Kanjhawala).
6. The learned counsel appearing for the petitioner states that the petitioner also has CCTV footage of the said incident.
7. Mr Mehra, learned standing counsel appearing for the State submits that the petitioner is involved in several FIRs and the police officials were conducting a normal routine inquiry, as warranted. He states that the concerned officials dispute that they had barged into the house of the petitioner or had traumatised or threatened either of the petitioner's mother or his wife.
8. Be that as it may, the petitioner has made a complaint with respondent no.2. It is also asserted that the petitioner has CCTV footage of the said incident. In view of the above, this Court considers it apposite to direct the Joint (Jt.) CP (Northern Range) to examine the petitioner's complaint and if it appears that any of the officials have misconduct himself, take steps as warranted. It is so directed.
9. The petitioner is also directed to forward a copy of the CCTV footage to Joint (Jt.) CP (Northern Range). He shall also examine the same and take that into consideration.
10. No further orders are required to be passed in this petition. The same is deposed of.
VIBHU BAKHRU, J OCTOBER 20, 2020 MK Signature Not Verified Signed By:Dushyant Rawal Location: Signing Date:21.10.2020 00:12:50