Delhi High Court - Orders
Mohit Bhardwaj vs State Nct Of Delhi & Ors on 3 December, 2020
Author: Anu Malhotra
Bench: Anu Malhotra
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1231/2020
MOHIT BHARDWAJ ..... Petitioner
Through: Ms. Joshini Tuli, Adv.
versus
STATE NCT OF DELHI & ORS. ..... Respondent
Through: Mr. Rajesh Mahajan, ASC with Ms.
Jyoti Babbar, Adv.
ATO Satender Dhull, SI Shrikrishna.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 03.12.2020 (through video conferencing) Vide the present petition, the petitioner has sought the issuance of a writ of mandamus or any other writ, orders or directions to the Commissioner of Police arrayed as the respondent no.2 to conduct vigilance and a fair inquiry under the supervision of a senior officer against the respondent nos.3-5 in FIR No.472/2020 registered under Sections 25 of the Arms Act, 1959 at PS Janakpuri for falsely and illegally implicating the petitioner and also against the respondent no.6 arrayed as SHO, PS Punjabi Bagh in FIR No.366/2020 and FIR No.635/2020 registered at PS Punjabi Bagh and the respondent no.7, SHO PS Shahbad Dairy in E-FIR No.4836/2020 registered at PS Shahbad Dairy and respondent no.8 i.e. SHO, PS Hari Nagar in FIR No.431/2020 and FIR No.441/2020 registered at PS Hari Nagar and respondent no.9, SHO PS Rajouri Garden in FIR W.P.(CRL) 1231/2020 page no.1 of 9 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:04.12.2020 17:57:41 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Nos.486/2020, 510/2020, 572/2020 registered at PS Rajouri Garden as well as against the respondent no.10, SHO PS Vikaspuri in relation to FIR No.465/2020 submitting to the effect that the applicant has been falsely implicated in these FIRs for not fulfilling the demand of money put forth by the respondent nos.3 to 5 and he has been falsely implicated in FIRs No.364/2020, 409/2020, 449/2020, 450/2020, 457/2020, 463/2020, 467/2020, under Sections 379/356/34 of the Indian Penal Code, 1860 all registered at PS Janakpuri for illegally implicating the applicant and demanding money to secure the release of the petitioner.
It is essential to observe that a submission had been made on 14.08.2020 that 17 FIRs were registered against the petitioner, out of which, in 9 FIRs, concerned witnesses had failed to identify the petitioner and that thus the petitioner's implication in all other FIRs was also false and action was required to be initiated against the police officials for false implication. On behalf of the State it had been submitted by the ASC that in fact there were 38 criminal cases/ investigation pending against the petitioner. Taking into account the omnibus nature of the petitioner's prayer vide order dated 14.08.2020, it was directed to the effect that before proceeding further in the matter and without issuance of notice in the petition, the State was directed to file a complete list of FIRs/cases registered against the petitioner alongwith their current status, in tabular form, with advance copy to the learned counsel for the petitioner. The State was also directed to place on record the petitioner's SCRB record before the next date, with advance copy to the opposing counsel.
Vide an index dated 22.09.2020 the State has filed a chart showing the W.P.(CRL) 1231/2020 page no.2 of 9 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:04.12.2020 17:57:41 This file is digitally signed by PS to HMJ ANU MALHOTRA.
previous involvements and criminal record of the petitioner which showed 35 FIRs in which he was allegedly involved and in several of which he was indicated to have been discharged. The chart as submitted by the SHO PS Janakpuri dated 22.09.2020 is to the effect:
SI No. Police Station Case FIR No. Status of case Remarks Date & U/s 1 North Rohini 299/2019 Dt. Pending trial Recovery of 13.09.2019 U/s gold chain 356/379/34 IPC 2 North Rohini 300/2019 Dt. Pending trial Recovery 13.09.2019 U/s 186/353/307/34 Indian Penal Code, 1860 3 Raj park 404/2019 Dt. Discharged TIP Failed 15.05.2019 U/s 356/379/34 Indian Penal Code, 1860 4 Prashant 123/2019 U/s Discharged TIP Failed Vihar 356/379/34 Indian Penal Code, 1860 5 Budh Vihar 185/2019 Dt. Discharged TIP Failed 22.07.2019 U/w 392/34 Indian Penal Code, 1860 6 K.N. Katju 148/2019 Dt. Discharged TIP Failed Marg 22.04.2019 U/s 356/379/34 Indian Penal Code, 1860 7 K.N. Katju 1081/2019 Dt. Pending trial Recovery Marg 10.09.2019 U/s 379 IPC 8 K.N. Katju 1084/2019 Dt. Pending trial Recovery Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:04.12.2020 17:57:41 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Marg 10.09.2019 U/s
379 IPC
9 K.N. Katju 1091/2019 Dt. Discharged TIP Failed
Marg 11.09.2019 U/s & no
379 IPC recovery
10 Vijay Vihar 132/2019 Dt. Discharged TIP Failed
05.06.2019 U/s
356/379/34 IPC
11 Vijay Vihar 189/2019 Dt. Discharged TIP Failed
28.07.2019 U/s
356/379 IPC
12 Vijay Vihar 230/2019 Dt. Discharged TIP Failed
15.08.2019 U/s
356/379/34 IPC
13 Vijay Vihar 264/2019 Dt. Discharged TIP Failed
07.09.2019 U/s
356/379/34 IPC
14 Begumpur 220/2019 Dt. Discharged TIP Failed
23.06.2019 U/s
356/379/34 IPC
15 Begumpur 275/2019 Dt. Discharged TIP Failed
13.08.2019 U/s
356/379/34 IPC
16 Bawana 23099/2019 Dt. Pending trial Recovery
03.07.19 U/s
379IPC
17 Janakpuri 364/20 Dt. Discharged TIP Failed
13.05.20 U/s
356/379/34 IPC
18 Janakpuri 409/20 Dt. Discharged TIP Failed
28.05.20 U/s
356/379/34 IPC
19 Janakpuri 441/20 Dt. Discharged TIP Failed
07.06.20 U/s
356/379/34 IPC
20 Janakpuri 449/20 Dt. Discharged TIP Failed
10.06.20 U/s
356/379 IPC
21 Janakpuri 450/20 Dt. Discharged TIP Failed
10.06.20 U/s
356/379/34 IPC
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:04.12.2020
17:57:41
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
22 Janakpuri 457/20 Dt. Discharged TIP Failed
12.06.20 U/s
356/379/34 IPC
23 Janakpuri 463/20 Dt. Discharged TIP Failed
16.06.20 U/s
356/379/34 IPC
24 Janakpuri 467/20 Pending trial TIP Failed,
Dt.26.06.20 U/s Recovered
356/379/34 IPC Rs. 10,000/-
25 Rajouri 510/20 Dt. Discharged TIP Failed
Garden 30.5.20 U/s
356/379/34 IPC
26 Rajouri 572/20 Dt. Discharged TIP Failed
Garden 30.6.20 U/s
356/379/34 IPC
27 Hari Nagar 431/20 Dt. Pending trial TIP success
14.06.20 U/s
356/379/34 IPC
28 Hari Nagar 441/20 Dt. Pending trial TIP success
29.06.20 U/s
356/379/34 IPC
29 Hari Nagar 442/20 Dt. Discharged TIP failed
01.07.20 U/s
356/379/34 IPC
30 Vikaspuri 465/20 Discharged TIP failed
Dt.15.06.20 U/s
356/379/34 IPC
31 Punjabi Bagh 600/20 Dt. Pending TIP pending
06.06.20 U/s investigation
356/379 IPC
32 Punjabi Bagh 621/20 Dt. Pending TIP pending
19.06.20 U/s investigation
356/379 IPC
33 Punjabi Bagh 635/20 Dt. Discharged Complainant
25.06.20 U/s refused TIP
356/379/34 IPC
34 Punjabi Bagh 633/20 Dt. Discharged Complainant
25.06.20 U/s refused TIP
356/379/34 IPC
35 Shahbad 004836 Dt. Pending trial Recovered
Dairy 11.02.20 U/s M/cycle
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:04.12.2020
17:57:41
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
379 IPC
As per the said chart it was indicated that the applicant was discharged in FIR No.404/2019, PS Raj Park in view of failure of the TIP proceedings. Likewise in 123/2019, PS Prashant Vihar, FIR No.185/2019, PS Budh Vihar, FIR 148/19 PS KNK Marg, FIR 1091/19, PS KNK Marg, FIR 132/19, PS Vijay Vihar, FIR 189/19, PS Vijay Vihar, FIR 230/19, PS Vijay Vihar, FIR 264/19. PS Vijay Vihar, 220/19, PS Begumpur, FIR 275/19, PS Begumpur, FIR 364/20, PS Janakpuri, FIR 409/20, PS Janakpuri, FIR 441/20, PS Janakpuri, FIR 449/20, PS Janakpuri, FIR 450/20, PS Janakpuri, FIR 457/20, PS Janakpuri, FIR 463/20. PS Janakpuri, FIR 510/20, PS Rajouri Garden, FIR 572/20, PS Rajouri Garden, FIR 442/20, PS Hari Nagar, FIR 465/20, PS Vikaspuri, FIR 635/20, PS Punjabi Bagh, FIR 366/20, PS Punjabi Bagh, the petitioner is indicated to have been discharged in view of the TIP proceedings having failed. In relation to FIR No.635/20, PS Punjabi Bagh, FIR 633/20, PS Punjabi Bagh, the complainant refused apparently to participate in the test identification proceedings, as a consequence, the petitioner was discharged. In relation to FIR No.1081/19, PS KNK Marg, FIR 1084/19, PS KNK Marg, FIR 23099/19, PS Bawana, FIR 467/20, PS Janakpuri, FIR 431/20, PS Hari Nagar, FIR 441/20, PS Hari Nagar is stated to be in progress. In relation to FIR No.600/20, PS Punjabi Bagh, FIR 621/20, PS Punjabi Bagh, the matter is indicated to be pending investigation for TIP proceedings. In relation to FIR No.4836/20, PS Shahbad Dairy also the matter is indicated to be pending trial.
As regards the submissions that have been made on behalf of the W.P.(CRL) 1231/2020 page no.6 of 9 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:04.12.2020 17:57:41 This file is digitally signed by PS to HMJ ANU MALHOTRA.
petitioner in relation to the alleged false implication, it had been submitted on behalf of the petitioner that at serial 35 of the chart submitted by the State i.e. FIR No.4836/2020, PS Shahbad Dairy was registered on 11.02.2020, under Section 379 of the Indian Penal Code, 1860 with the allegation that the motor cycle was recovered from the petitioner in that case and it has been submitted on behalf of the petitioner that in as much as the petitioner was in judicial custody on 11.02.2020 in another case, he could not have committed the alleged commission of the offence. The State had sought to place on record the details as to how the petitioner's name came to be included in the investigation of FIR No.4836/2020, PS Shahbad Dairy. The status report dated 02.12.2020 under signatures of the SHO, PS Janakpuri is placed on record which indicates to the effect that on 01.07.2020 FIR 472/2020, PS Janakpuri under Section 25 of the Arms Act, 1959 was registered against the petitioner when he was also caught red handed with the loaded country made pistol and the motor cycle bearing no. DL-11-AV- 8582 Pulsar black 150 by the patrolling staffs of Police Station Janakpuri at Vidhya Marg, near Sagarpur Red-light, Janakpuri and that during the investigation it was revealed that the said motor cycle recovered from the petitioner bore chasis no. MD2A11CYAKCM1134 and Engine no. DHYCKM65561 which had been recorded to be stolen from the area of PS Shahbad Dairy vide case E-FIR no. 004836/20 dated 11.02.2020 PS Shahbad Dairy which is borne out from the contents of Annexure R-2 to the said chart submitted by the State which indicates the number of the chasis and the engine number of the vehicle mentioned in the FIR itself and it was thus submitted on behalf of the State through the status report that even W.P.(CRL) 1231/2020 page no.7 of 9 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:04.12.2020 17:57:41 This file is digitally signed by PS to HMJ ANU MALHOTRA.
though FIR No.4836/2020 was registered on 11.02.2020 when the petitioner may have been in custody in another case but on 01.07.2020 he was found in possession of the stolen motor cycle which was subject matter of FIR No.4836/2020, PS Shahbad Dairy and thus his name was included in the said FIR. It was submitted through the status report and is now submitted on behalf of the State as well that the petitioner cannot contend to the effect that he had been falsely implicated in the said case. It is the avowed contention on behalf of the petitioner that the petitioner has been falsely implicated in a multiple number of cases, which contention is refuted on behalf of the State.
As regards the contention of the petitioner by learned counsel for the petitioner that the TIP proceedings have not succeeded against the petitioner in a large number of cases adverted to hereinabove, it is essential to observe that it is indicated through the chart that has been submitted that there are at least two cases in which the test identification proceedings have succeeded i.e. FIR No.431/2020, PS Hari Nagar and FIR No.441/2020, PS Hari Nagar. Significantly in FIR 635/20, PS Punjabi Bagh, FIR 633/20, PS Punjabi Bagh, it is shown that the complainant has refused the test identification proceedings which itself is a matter of grave concern as to why the complainant refused to participate in the test identification proceedings.
In the totality of the circumstances merely because the witnesses failed to identify the accused in the case in which he has been discharged, is itself not an indication of any false implication. The precise case in which the petitioner had sought to assert that he was falsely implicated having been in custody on 11.02.2020 is indicated to have been registered on 11.02.2020 with alleged recovery effected from the petitioner in the month of July, 2020 W.P.(CRL) 1231/2020 page no.8 of 9 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:04.12.2020 17:57:41 This file is digitally signed by PS to HMJ ANU MALHOTRA.
in relation to which it is indicated through the chart placed on record that the matter is pending trial. In the circumstances, the contention raised on behalf of the petitioner that the petitioner has been falsely implicated in all the aforementioned FIRs cannot be accepted.
The petition is declined.
Nothing stated hereinabove shall amount to any expression on the merits or demerits of the cases that are pending against the petitioner in trial or for any adjudication whatsoever.
ANU MALHOTRA, J DECEMBER 3, 2020 vm W.P.(CRL) 1231/2020 page no.9 of 9 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:04.12.2020 17:57:41 This file is digitally signed by PS to HMJ ANU MALHOTRA.