Raj Kumar v. State & Ors.

Delhi High Court · 21 Nov 2019 · 2019:DHC:6203
Suresh Kumar Kait
CRL.M.C. 4845/2019
2019:DHC:6203
criminal petition_allowed

AI Summary

The Delhi High Court directed timely completion of enquiry under the SC & ST (Prevention of Atrocities) Act by an ACP-ranked officer, allowing extension due to law and order issues but granting liberty to revive the petition if delayed.

Full Text
Translation output
CRL.M.C. 4845/2019
HIGH COURT OF DELHI
Date of Decision: 21.11.2019
CRL.M.C. 4845/2019 & Crl. M.A. 36748/2019
RAJ KUMAR ..... Petitioner
Through Mr. Archit Upadhayay, Adv. with petitioner in person
VERSUS
STATE & ORS ..... Respondents
Through Mr. Hirein Sharma, APP for State ACP Chandra Kumr Singh with SI
Ajay Kumar, PS Kashmere Gate
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide order dated 24.09.2019, the Commissioner of Police, Delhi was directed to assign the enquiry of this case to an officer not below the rank of ACP as per Rule 7 of SC & ST (Prevention of Atrocities) Act 1989 who shall deal the complaint of the petitioner.

2. It was made clear that if the officer found substance in the complaint, then action was to be taken.

3. It was further directed that the report of the action taken shall be filed 2019:DHC:6203 CRL.M.C. 4845/2019 before this court at least 3 days before the next date of hearing.

4. Learned APP appearing on behalf of State submits that due to the recent issue that had taken place in Tis Hazari Courts and other District Courts, the ACP had to take care of the law and order situation, therefore, there is little delay in concluding the enquiry. Learned APP submits that enquiry is at the advance stage and shall be completed within twenty days.

5. He has assured this Court to complete the enquiry with approval, if any, of the commissioner of police within twenty days from today.

6. In view of above, the petition is disposed of.

7. It is made clear that if the enquiry is not completed within the time sought, the petitioner is at liberty to move application for revival of the present petition.

8. Pending application also stands disposed of.

JUDGE NOVEMBER 21, 2019 ms