Dilip Gupta vs The State (N.C.T. Of Delhi) on 10 September, 2025

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Delhi High Court - Orders

Dilip Gupta vs The State (N.C.T. Of Delhi) on 10 September, 2025

1. The present petition under Article 226 of the Constitution of India, 1950 read with Section 482 of the Code of Criminal Procedure, 1973 1 seeks a direction to Respondent No. 1 to initiate disciplinary proceedings against Respondents Nos. 2 to 4 for failing to register an FIR regarding the alleged trespass, disrobing, abuse, and assault of the Petitioner's wife and children; for wrongfully confining the Petitioner in the lock-up of P.S. Sangam Vihar; and for registering a false case, i.e., FIR No. 682/20232 under Sections 323/341/34 of the Indian Penal Code, 1860.3

2. Briefly stated, the case of the Petitioner is as follows:

"Cr.P.C."

"impugned FIR"

W.P.(CRL) 2905/2023 Page 1 of 6

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2025 at 23:25:24 2.1. In February 2023, the Petitioner had requested one Mr. Jai Prakash Pandey to lend him INR 50,000/- at 3% monthly interest, which was agreed upon. Subsequently, a total sum of INR 1,00,000/-, was disbursed to the Petitioner, repayable in nine monthly instalments. The Petitioner paid the first instalment in cash and four subsequent instalments online (each amounting INR 8,500/-). Additionally, Mr. Pandey and his wife accepted INR 25,000/- in two instalments from the Petitioner's wife. 2.2. On 28th August 2023, at approximately 8:30 p.m., Mr. Pandey's wife, sons and other family members, acting in concert, forcibly entered the Petitioner's residence in his absence, seized the mobile phone of his wife, and subjected her, and his children to verbal abuse and physical assault. Mr. Pandey also arrived subsequently and joined the assault, demanding further money and forcibly dragging the Petitioner's wife outside the house while tearing her clothes. The neighbours intervened and rescued the family; however, the Petitioner's wife was unable to call the police as her mobile phone was damaged during the incident.

2.3. When the Petitioner returned home, Respondent No. 4/Head Constable Jitender Yadav directed the Petitioner and his wife to proceed to P.S. Sangam Vihar. At the police station, Respondent No. 3/SI Talib Khan informed the Petitioner that Mr. Pandey and his family had lodged the impugned FIR against them. Pursuant thereto, the Petitioner was detained in the lock-up and released the following day, around noon. 2.4. Thereafter, Respondent No. 4 and other police personnel started visitng the Petitioner's residence regularly, and frequently summoned the Petitioner and his wife to the police station, where they were made to sit for 3 "IPC"

W.P.(CRL) 2905/2023 Page 2 of 6

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2025 at 23:25:24 several hours. This is corroborated by CCTV footage. Further, this conduct impeded the ability of the Petitioner and his wife to earn a livelihood. 2.5. On 24th September, 2023, at approximately 9:30 p.m., Respondent No. 4, along with other police officials of P.S. Sangam Vihar, visited the Petitioner's residence and recorded his statement on a plain paper. He also blackmailed the Petitioner and his wife, claiming that Mr. Jai Pandey is well acquainted with Respondent No. 2/ Inspector Saroj Tiwari (SHO), and therefore, they should be prepared to face incarceration. 2.6. The Petitioner filed an application for anticipatory bail before the Trial Court. However, since the offences under Sections 323/341/34 IPC are bailable, the Petitioner withdrew his application. 2.7. The Petitioner subsequently made a representation to Respondent No. 1 seeking disciplinary action against Respondents Nos. 2 to 4 for failure to register an FIR relating to the trespass, disrobing, abuse, and assault of his wife and children; wrongful confinement of the Petitioner; and for the registration of a false case against him. However, no action has been taken thereon, to date.

3. Aggrieved, the Petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India read with Section 482 Cr.P.C.

4. Considering the nature of reliefs sought, this Court, on 6 th October, 2023, had directed the Deputy Commissioner Police, DCP South to conduct an enquiry into the allegations raised by the Petitioner and submit a report to that effect. In compliance thereof, the enquiry report has been placed on record, the relevant portion of which is reproduced hereinunder:

                               Sl. Allegations                        Enquiry conducted
                               No.

1. Petitioner Dilip Gupta has taken a There is dispute over money given as W.P.(CRL) 2905/2023 Page 3 of 6 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2025 at 23:25:24 friendly loan of Rs. 50,000 from Jai loan and recovery of money between Prakash Pandey@ 3% per month in petitioner and Jai Parkash Pandey. the month of Feb 2023. He has repaid five installments @ 8,500 per month.

2 There is dispute over return of A PCR call vide DD No. 137A (F /G) money. On 28.8.23 Jai Parkash was received at PS Sangam Vihar and Pandey alongwith his associates and was marked to SI Talib Khan for further family members came at the house of necessary action. However SI Talib petitioner for demand of money and Khan has not made any DD entry started beating and abusing wife and regarding arrival from the call. As per children of the petitioner. HC statement of SHO/SV and SI Talib Khan Jitender Yadav (Respondent No. 4) both the parties did not give any written has directed petitioner and his family statement neither any information of members to reach police station MLC was received, therefore, call was Sangam Vihar as Jai Parkash and kept pending. The call was made by Jai his family members made the PCR Parkash Pandey.

call.

3 In PS Sangam Vihar, SI Talib Khan As per statement of SHO/SV, SI Talib (Respondent No. 3) put the petitioner Khan, complainant Jai Parkash Pandey, inside the lock up and released on no one was kept inside the lock up of next day at 12 Noon. Police Station. Both the parties were kept separately so as to avoid any serious offence. There is no official lock up in the PS Sangam Vihar. However a temporary structure is made to keep the arrested persons for safe custody. One private CCTV camera having recording of only 8 days is installed to keep watch over the arrested persons.

4 HC Jitender Yadav and other police During enquiry, petitioner Dilip Gupta official started visiting the house of was asked to provide the date and time petitioner and used to take petitioner when he visited PS Sangam Vihar to and his wife to PS Sangam Vihar join the investigation. He stated that every day or after interval of 1-2 police was pasting the notices outside days and were forcefully made to sit his house several times, however, due to in PS for 2 to 4 hours which can be fear of arrest, he never joined the seen in CCTV. The police officials investigation. He further stated that he are not allowing the petitioner and even did not give acknowledgement of his wife to earn the livelihood. receiving of notice u/s 41A CrPC as he was in fear that police will arrest him.

Therefore, petitioner himself accepted that he never visited PS Sangam Vihar as alleged in the petition.

5 On 14.9.23 Police registered FIR FIR was registered against petitioner W.P.(CRL) 2905/2023 Page 4 of 6 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2025 at 23:25:24 No. 682/23 PS Sangam Vihar on the DAlip Gupta and his associates. (F / H) complaint of Jai Prakash against the petitioner and his wife and four more persons.

6 On 24.9.23 HC Jitender and other Petitioner Dalip Gupta failed to provide police officials came to the house of any evidence in support of his the petitioner and got written his allegations. Contrary to this, he himself statement on a plain paper and admitted that he never joined asked the petitioner and his wife to investigation of this case, as he has fear be ready to go to jail as Jai Prakash that he will be arrested in this case. Pandey is close to Inspr. Saroj Tiwari, SHO, Sangam Vihar.

7 Petitioner filed Anticipatory bail Petitioner has filed anticipatory bail application is Saket Court and HC application and HC Jitender Yadav/IO Jitender Yadava filed the reply. As has clearly stated in his reply (F/I) that the offence was bailable, hence the Dalip Gupta has never joined petitioner withdrew the application. investigation of this case. Later petition withdrew the application as the offence is bailable.

8 26.9.23, Petitioner sent a Petitioner never filed any complaint representation to Dy. Commissioner either with SHO/SV or Sr. Officers of of Police, Vigilance, Delhi through South Distt. However, he has filed a Speed Post for taking disciplinary complaint to DCP /Vigilance, action against respondent No. 2 to 4 Barakhaba Road, for taking for not registering any FIR on the disciplinary action. In this regard, complaint of the petitioner. Section 154 (3) CrPC states that "any person aggrieved by the refusal on the part of an Officer In Charge of Police Station to record the information, may send the substance of such information writing and by post to the SP concerned." However, in the present case, petitioner Dalip Gupta neither made any complaint to SHO/SV or DCP/ South. Therefore, no case was registered on his complaint.

9 On 1.10.23 Repondent No. 4 pasted Three notices for joining investigation notice u/s 41A CrPC outside the on 2.10.23, 4.10.23 and 10.10.23 u/s house of the petitioner directing him 41A CrPC were served to petitioner and his wife to appear before him on DAlip Gupta and his wife to join the 2.10.23 at PS Sangam Vihar. Since investigation (F /J). However, he never the petitioner and his wife joined the joined the investigation till date. IO HC investigation on number of times, Jitender Yadav has lodged DD No. 88A aforesaid notice is nothing but an act dated 1.10.23, 71A dated 3.10.23, and to further harass the petitioner in the 90A dated 7.10.23 PS Sangam Vihar in W.P.(CRL) 2905/2023 Page 5 of 6 This is a digitally signed order.

Further vide order No. 8493- 96 /SO/ DCP/SD/AC-III dated 09.10.23 investigation of FIR No. 682 / 23 PS Sangam Vihar has been transferred to DIU /SD (F /L).

5. The aforesaid tabulated facts demonstrate that the Respondent authorities have conducted a thorough and detailed inquiry into the allegations raised by the Petitioner. Each grievance has been carefully examined and addressed, revealing that there has been no negligence or omission on the part of the State authorities regarding the registration of the FIR based on the Petitioner's purported complaint. The enquiry reveals that no PCR call or formal complaint was received by the SHO, P.S. Sangam Vihar, that would warrant the lodging of an FIR. Although the Petitioner submitted a representation to the DCP/Vigilance, Barakhamba Road, seeking disciplinary action, no corresponding complaint was made at the relevant police station, and consequently, no case was registered on the basis of his complaint. Additionally, the Petitioner failed to cooperate with the investigation and did not furnish the necessary statements or evidence to substantiate his claims.

6. In light of the above, the Court finds no merit in the present petition. Therefore, no interference is warranted in the exercise of this Court's writ jurisdiction.

7. Dismissed, along with pending application.

SANJEEV NARULA, J SEPTEMBER 10, 2025 d.negi W.P.(CRL) 2905/2023 Page 6 of 6 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/09/2025 at 23:25:24

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