Delhi High Court - Orders
Lalit Verma vs State Of Nct Of Delhi & Ors on 2 September, 2021
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~25
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1656/2021
LALIT VERMA ..... Petitioner
Through : Mr.Chayan Sarkar, Advocate.
versus
STATE OF NCT OF DELHI & ORS. ..... Respondent
Through : Ms.Nandita Rao, ASC for State.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 02.09.2021
1. The hearing has been conducted through Video Conferencing. CRL.M.A. 13756/2021
2. Exemption allowed, subject to the condition that petitioner will file the duly sworn/attested affidavit and the requisite Court fee within 72 hours from the date of resumption of the regular functioning of this Court.
3. The application stands disposed of.
CRL.M.A. 13755/2021 & CRL.M.A. 13757/2021
4. Exemption allowed, subject to all just exceptions.
5. The application stands disposed of.
W.P.(CRL) 1656/2021
6. This petition is filed with following prayers :
a. Pass an order wherein laying out the correct procedure for lower courts to be followed in cases such as the present case, wherein accused persons are detained based on Kalandra without following the due process of law and or;
b. Issue a writ of mandamus or any other appropriate writ, order or direction thereby quashing Kalandra notice issued against the Petitioner under section 41 (1) (ba) of the CrPC, 1973 and or; c. Issue an order in the nature of writ of any nature whereby ordering an enquiry against the said illegal acts of the Respondents and or; d. Issue an order in the nature of any writ thereby ordering a enquiry against the illegal detention of the Petitioner and another person namely Mr. Shivam Sethi and or;
e. Pass an order of suspension against the erring police officers Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:02.09.2021 17:12 namely ASI Mr.Pritam Chand and Inspector Mr.Rajeev Ranjan for violation of basic fundamental rights and disobeying mandatory provisions of the law by misleading the Ld. Court of magistrate; and or f. Pass an ordering initiating an enquiry against the medical negligence meted out to the Petitioner at the hands of the jail authorities and or;
g. Pass an order of compensation to the Petitioner for his illegal and wrongful detention without following due process of law and for the hardships that he had to undergo for such acts by the Respondents and or;
7. The grievance of the petitioner is two folds - Kalandra under Section 41 (1) (ba) Cr P C was issued in case of offences under Section 406/420 /120B IPC which are not punishable for more than seven years or with death and second he suffered paralytic attack on 08.08.2021 i.e. prior to his arrest, and whilst in police custody he was not given any medical aid. Even after going to Jail, no proper treatment was given to him despite he was having high blood pressure, blood sugar. Rather a bandage was put around his eye which was open for last one day due to paralytic attack.
8. The learned counsel for the petitioner submits the procedure of arrest and treatment in jail to petitioner needs further deliberation.
9. Issue notice. Learned ASC for the State accepts notice and seeks to file status report. As sought, status report be filed before the next date of hearing with an advance copy thereof to the learned counsel for petitioner through email.
10. List on 13.12.2021.
YOGESH KHANNA, J.
SEPTEMBER 02, 2021 M Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:02.09.2021 17:12