Delhi High Court - Orders
Mohd Imam vs State Nct Of Delhi & Ors on 30 July, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 771/2021
MOHD IMAM .... Petitioner
Represented by: Mr. Joginder Tuli, Advocate with Mr.
Shrikant Sharma & Mr. Sunil,
Advocates.
versus
STATE NCT OF DELHI & ORS. ..... Respondent
Represented by: Mr. Ranbir Singh Kundu, ASC for the
State.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 30.07.2021 The hearing has been conducted through Video Conferencing.
1. By this petition the petitioner seeks writ of mandamus to the respondent No.2 to conduct vigilance and fair inquiry under the supervision of senior officer against the respondent Nos. 3,4,5 & 6 in case FIR No.81/2021, under Sections 186/353/307 IPC, registered at Police Station Special Cell for grievously injuring the petitioner in a false encounter and illegally implicating him in the said FIR.
2. According to the petitioner, the petitioner had filed a Writ Petition (Crl.) 1958/2016 against the police officials of Police Station Nand Nagri and since then the police officers had a grudge against the petitioner. It is, thus, claimed that a false and fabricated case being FIR No.151/2021 was also foisted on the petitioner at Police Station Nand Nagri.
3. According to the petitioner, the petitioner was kidnapped from GTB Enclave and grievously injured in a false encounter on 25th March, 2021 and Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA W.P.(CRL) 771/2021 Page 1 of 4 Signing Date:31.07.2021 11:16:23 FIR No.81/2021 was registered at PS Special Cell. Though petitioner claims that on 19th March, 2021 the petitioner was kidnapped and grievously injured in an encounter on 25th March, 2021 implicating him in a false case, it is also claimed that on 23rd March, 2021 when the petitioner was returning home at 2:30 p.m. after getting wheat grinded on his Activa scooty, two motorcycles with three police officials in plain clothes crashed into the scooty, started abusing the petitioner and assaulted the petitioner resulting in injuries on his head for which he was taken to hospital. Further a false case being FIR No.151/2021 was registered at PS Nand Nagri under Sections 186/353/332/34 IPC. The petitioner thus, claims false implication and wrongful detention.
4. Status report has been filed by DCP Special Cell. As per the status report on 19th March, 2021 at 8:00 p.m. a secret information was received that the petitioner who was wanted in FIR No.151/2021 under Sections 186/353/332/34 IPC registered at Police Station Nand Nagri would be coming at 10:00 p.m. with illegal weapons to meet his associates on scooty at Sarai Kale Khan. On the secret information a raiding team was constituted and the raiding team left the office of Special Cell at about 9:05 p.m. in two private cars and two private motorcycles in which regard DD No.80-A was recorded. At 9:30 p.m. on 19th March, 2021 the raiding team members reached at Indraprastha Park near Sarai Kale Khan where secret informer was also joined. At about 11:50 p.m. a person on a black scooty wearing a black colour helmet was coming from Sarai Kale Khan bus stand towards Indraprastha park. Based on the appearance of the person, the informer stated that the person could be Imam. The petitioner stopped his scooty, removed his helmet and thus identified by the informer. The raiding team was alerted. The rider of the scooty waited around 7-8 minutes and Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA W.P.(CRL) 771/2021 Page 2 of 4 Signing Date:31.07.2021 11:16:23 when the raiding team advanced towards him, sensing the presence of the police officers he tried to flee from the spot. The petitioner was asked to stop, however, he did not stop. Thus, police officers sat on the bike and intercepted the petitioner. The petitioner abusing the police officers started running and also fired towards ASI Udham Singh and SI Kuldeep who also fired in their defence. In the exchange injuries were received on the petitioner on his legs due to which he fell down and the pistol also fell from his hand. The petitioner was taken to AIIMS Trauma Centre and the evidence was collected by the crime team from the spot.
5. Based on the incident that happened at Indraprastha Park FIR No.81/2021 was registered on 20th March, 2021 under Sections 186/353/307 IPC and Sections 25/27 of the Arms Act. Scooty, three mobile phones and pistol were also seized. FSL report of the pistol and cartridges have also been received.
6. A perusal of the status report also reveals that the petitioner is a history-sheeter of the Police Station Nand Nagri having involvement in cases since 2002 and till date he is involved in as many as 26 cases.
7. The two fold contentions of the learned counsel for the petitioner seeking vigilance inquiry is that the petitioner was illegally detained and has been falsely implicated. However, there is no material on record about illegal detention of the petitioner prior to 19th March, 2021. Further, whether a false case has been planted on the petitioner, that is alleged falsity of the prosecution case against the petitioner is a matter which is required to be examined by the learned trial Court after evidence has been adduced by the prosecution and defence.
8. Learned counsel for the petitioner has taken this Court through para 16 of the status report wherein it is noted that on 9th April, 2021 Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA W.P.(CRL) 771/2021 Page 3 of 4 Signing Date:31.07.2021 11:16:23 investigation was transferred to Crime Branch. The fact that the investigation was transferred to Crime Branch is for the reason a raiding team of Special Cell was involved and had arrested the petitioner and thus, investigation by an independent agency is always in the interest of justice. Merely because the investigation has been transferred to Crime Branch would not be sufficient to reach the conclusion that the petitioner has been falsely implicated.
9. Learned Additional Standing Counsel for the State submits that after investigation into the FIR, charge-sheet has already been filed by the Crime Branch against the petitioner.
10. Considering the material on record, this Court finds no ground to direct any vigilance inquiry in the matter.
11. Petition is dismissed.
12. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
JULY 30, 2021 vk Signature Not Verified Digitally Signed By:JUSTICE MUKTA GUPTA W.P.(CRL) 771/2021 Page 4 of 4 Signing Date:31.07.2021 11:16:23