Dr. R.K. Jain v. The State, NCT Delhi

1. The Amended Petition under Articles 226, 215 of the Constitution of India read with Articles 14, 15, 19, 21 of Constitution, Section 13 of Prevention of Corruption Act, 1988 (‘PC Act’ hereinafter) and Sections 482, 483 and 357 of Code of Criminal Procedure, 1973 (‘Cr.P.C.’ hereinafter) has been filed on behalf of the Petitioner, wherein the prayers made essentially are that: (i)the digitized record annexed to the Appeal is not of the complete record and various documents as specified therein which are though available in the physical file of the learned Trial Court, has not been intentionally digitized and placed before this Court;

(ii) for registration of FIR against the Complainant

Anuradha Jain and the public functionaries for the documented fraud and other cognizable offences punishable under Section 108/109/120B/181/191/192/193/195/196/198/l99/200/208/209/21 1/304/307/380/384/406/411/418/420/466/468/469/471/ 474/477-A of the Indian Penal Code, 1860 (‘IPC’ hereinafter) and also separate FIR against the I.O Sh. Sat Narain/the then SHO Gurucharan Singh and ACP P.S. Preet Vihar Mr. Yashveer Singh for fabricating NIL evidence Chargesheet with entire case diaries and VRK record admittedly missing/vanished and also without preparing mandatory Report under Section 168 Cr.P.C.;

(iii) recovery from the corrupt I.O of the various goods mentioned therein and direct a time-bound probe by a sitting/retired Judge of this Court to identify and enable prosecution of the persons who have patronized the glaring preplanned fraud and forgery by the complainant and her coterie in criminal collusion; and

(iv) to bring on record the original documents and award compensation in the sum of Rs.83,46,23,682/- as on 30.09.2024 for infringement of his fundamental right to livelihood and live with dignity and to impose exemplary cost and to award the cost of litigation to the Petitioner.

2. The Petitioner in person, has submitted that he has been made to face the trial for 27 years even though there was no evidence in the Chargesheet. The various Case Diaries and material documents were made to vanish which led to dragging of the trial for 27 years resulting in loss of his livelihood, dignity and livelihood.

3. The first grievance of the Petitioner is that digitization of the entire physical file has not been done; it is hereby directed that the Registry shall summon the entire physical file and shall ensure that the complete file is digitized including of those pages/documents which, according to the Petitioner, are missing from the digitized file.

4. The Petitioner is at liberty to approach the Registry and also submit the documents which are required to be digitized.

5. The second grievance is that the I.O has misappropriated his goods for which he is at liberty to initiate appropriate proceedings.

6. The third grievance essentially is that separate FIR against the I.O Sh. Sat Narain/the then SHO Gurucharan Singh and ACP P.S. Preet Vihar Mr. Yashveer Singh for fabricating NIL evidence Chargesheet with entire case diaries. Also, because of this litigation which has spread over 27 years, he has suffered loss of livelihood which has been calculated as Rs.83,46,23,682/- as on 30.09.2024. The litigation against the Petitioner may have taken 27 years to get concluded, but for that he has appropriate remedy to approach the Trial Court to seek compensation for wrongful prosecution, if any. No such relief can be granted in the present Writ Petition.

7. With these observations, the Petition is hereby disposed of along with the pending Application(s).

JUDGE FEBRUARY 17, 2025