Icesh Gupta v. Govt. of NCT of Delhi & Ors

Delhi High Court · 30 Oct 2019 · 2019:DHC:7684
Vibhu Bakhru
W.P.(CRL) 1751/2018
2019:DHC:7684
criminal petition_dismissed

AI Summary

The Delhi High Court dismissed the petition seeking judicial monitoring and restrictions on police visits during investigation, holding that FIR registration must follow the complaint and police visits cannot be restrained when investigation includes the complainant.

Full Text
Translation output
$-20 HIGH COURT OF DELHI W.P.(CRL> 1751/2018 IL\ICESH GUPTA Petition'^r
Through Mr A.P.S.Jadaun,Advocate
VERSUS
GOVT.OF NCT OF DFXHI& ORS Respondents
Through Mr R.S.Kundu,ASC with Mr Shrestha Bharti,Mr Shivam Saharan,Mr Hitesh Vali, Advocates for State.
Inspt.RajKumar SI Bhim Sain,present.
CORAM:
HON'BLE MR.JUSTICE VIBHU BAKHRU
30.10.2019
ORDER

1. The petitioner has filed the present petition, inter alia, praying as under:- "1. The investigating officer in FIR No.400/2016 may kindly be summoned to explainThe reason ofdelaying in investigation.

2. The entire investigation may kindly be get monitored by anyjudicial court.

3. Fair,speedy and time bound investigation ofthe case.

4. The investigating agency may be directed to include the name of other police official namely Ramesh Kumar in the FIR No.400/2016,P.S.Karawal Nagar.As directed bythe CMMin his orde^dated 25.07.2016. 2019:DHC:7684 li

5. A direction may be issued that the investigation officers or any other police officials not to visit the home ofthe petitioner unnecessarily and not to harass and give threatfor dire consequences."

2. The petitioner alleges that his deceased son had been picked up by the police officials and had.been beaten up. He had, thereafter, returned home and had committed suicide. According to the petitioner, his son had done so on account ofthe physieal abuse and humiliation suffered atthe hands Ofthe police officials. It is also stated that there are injury marks on his body whieh establish the ill-treatment afforded by the poliee officials.

3. The prosecution has filed a status report, which seems to suggest that the son of the petitioner had committed suicide on account of harsh treatmentreceived at the hands ofthe petitioner(the father ofthe deceased).

4. It is stated that the FIR at the instanee of the petitioner has been registered.It is also stated thatthe matter has been substantially investigated. Mr Kundu,learned ASC states that an appropriate report will be filed before the Trial Court within a period ofeight weeksfrom today. j;

5. In view of the above no further orders are required to be passed regarding expeditious completion ofthe investigation.

6. One of the petitioner's grievance is that only one of the police officials against whom complaint had been made,has been mentioned in the FIR in question. This grievance is unmerited. The petitioner had filed an application under Section 156 (3) of the Cr.P.C. before the learned Metropolitan Magistrate praying that a FIR be registered. This application was allowed and it was directed that the FIR be registered in tenns ofthe complaint dated,15.11.2014. Mr Kundu states that the said eomplaint only I mentions one police officiM^^aSS^ the other as unloiown. The FIR was registered in conformity with the complaint made by the petitioner. He further states that notwithstanding the same, the role of the other police official is also being investigated.

7. The petitioner also prays that the police officials be restrained from visiting his home to unnecessarily harass the petitioner.

8. The death of the petitioner's son is being investigated. This also includes ascertaining as to whether the petitioner played any partresulting in the death of his son. Therefore, such a direction restraining the police officials fi-orn visiting the petitioner's home,cannot be issued.The petitioner is directed to join the investigation and fiilly cooperate with the concerned officials. Plainly, if he does so., there would be no occasion for the police officials to visit his residence.

9. No further orders arc required;to be,passed in this petition.

10. The petition is disposed of. ■. VIBHU BAKHRU,J ■OCTOBER 30, 2019 pkv