CRL.M.C.--4192/2019. Case: KARTAR SINGH & ANR Vs. THE STATE (GOVT. OF NCT OF DELHI) & ORS. High Court of Delhi (India)
| Case Number | CRL.M.C.--4192/2019 |
| Citation | NA |
| Judgement Date | December 04, 2019 |
| Court | High Court of Delhi (India) |
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 23.10.2019 Pronounced on: 04.12.2019
+ CRL.M.C. 4192/2019
KARTAR SINGH & ANR ..... Petitioners
Through: Mr.Mahipal Singh Drall, Adv. versus
THE STATE (GOVT. OF NCT OF DELHI) & ORS
..... Respondents Through: Mr.K.K. Ghai, APP for State.
Insp.Sunil Kumar, SHO/Alipur.
Mr.Atul Guleria, Adv. with Mr.Gautam Mann, Adv. for R-2 & 3.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T
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Vide the present petition, the petitioner seeks direction thereby aside/quash impugned order dated 06.02.2019 passed by learned (North) District Courts, Rohini Courts Delhi in the interest of justice equity.
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Brief facts of the case are that in the intervening night 29/30.08.2018 at about 1:00 AM, petitioner No.l was informed by Vikas, friend of Mr. Ashish Kumar s/o petitioner No.l, that Ashish
has been arrested by the local police and taken to Police Station,
Delhi. Petitioner No.l, at about 1:46 AM, contacted Police Station, Alipur at landline No.011-27202265 asking whereabouts of his son. The Duty Officer informed petitioner No.l that no person named Ashish Kumar has arrested or detained in Police Station, Alipur, Delhi.
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Thereafter, petitioner No.l contacted said Mr. Vikas on his mobile and shared with him information supplied by the Duty Officer qua Kumar. However, said Mr. Vikas reiterated his information qua Ashish Kumar and told petitioner that he was waiting for petitioner outside the police station.
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Thereafter, petitioner No.l along with his wife went to Police Alipur and met said Mr. Vikas outside the police station. Petitioner No.l then went inside the police station and inquired from the Duty Officer whether his son has been brought by the police in PS Alipur. The Officer again replied that he has not received any information of the arrest of Ashish Kumar and asked the petitioner No.l to search for him in IO The petitioner No.l went to the IO Room and found his son Ashish and his two friends namely Rajat S/o R.N.Singh, Vishal S/o Sh. S.K. Jang in the room of S.I. Manoj (respondent No.2), where constable
Const. Jaideep and H.C. Amarjeet Singh were also present. At that time Manoj Kumar was sleeping in his room on a bed. The petitioner No.l S.I. Manoj (respondent no.2) on what grounds his son has been arrested. Manoj told the petitioner No.l that he has handed over the matter of to S.I. Sandeep(respondent no.3) and sent his son in the room of Sandeep (respondent no.3). In the police station Ashish Kumar stated petitioner No.l that he has been beaten by the police without any stated the names of the police officials to the petitioner no.l.
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The petitioner No.l stated to S.I.Sandeep (respondent no.3) Ashish Kumar is his son, and he is an Advocate by profession and requested S.I. Sandeep (respondent No.3) to release his son Ashish Kumar on bail S.I. Sandeep (respondent no. 3) refused to do so and he misbehaved manhandled and used abusive language against the petitioner No.l. Ashish Kumar objected to this S.I. Sandeep ordered H.C. Dinesh Kumar beat Ashish Kumar and at the instance of S.I. Sandeep, H.C. Dinesh started beating Ashish Kumar in his presence without registering any against him. Then S.I. Sandeep (respondent No. 3) ordered a person was in civil dress to prepare search memo and arrest memo of Ashish Kumar
and Const. Dipesh and Jaideep illegally and unlawfully snatched from him and beat him mercilessly.
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At the time of preparing the arrest memo, S.I. Sandeep stated petitioner No.l that he has registered a case against Ashish Kumar 186/353/506 IPC. Upon being asked to supply a copy of the FIR Sandeep (respondent no. 3) said that copy of the FIR will be supplied 06:30 AM in morning in the presence of SHO. Ashish Kumar informed that S.I. Manoj (respondent No.2), Ct. Dipesh Malik and Ct. Jaideep beaten him mercilessly. When the petitioner No.l requested to release son on bail, then S.I. Sandeep (respondent no.3) told that Ashish Kumar will be released at 06:30 in morning before the SHO and he used filthy abusive language against the petitioner No.l. Thereafter, H.C. Dinesh Kumar and HC Dipesh Malik started scuffle with the petitioner No.l and beating Ashish Kumar. At that time S.I. Sandeeep (respondent no.3) laughing at the petitioner No.l before the constables and said that Vakeel kitne aate hai esko yaha se bhagao aur bola ke ye thana hai vakeel bhi hum aur judge bhi hai. Kaun se court mein practice karta (in Hindi)
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On 30.08.2018 at about 6:00 AM in the morning the petitioner called (from his mobile no.9899526581) his nephew Sh. Ravinder Advocate, Petitioner No. 2 herein (on his mobile phone 9205486760)
that his son, Ashish Kumar has been illegally and unlawfully arrested by the Alipur Police Station. Consequently, the petitioner No.l asked his nephew to accompany him to the Police Station Alipur, Delhi. Accordingly, at 6:30 AM the petitioner No.l and 2 entered in Police Station, Alipur, 110036. The petitioner No.2 went straight in the room of S.I. (respondent no.3) where he saw that his cousin brother namely Kumar was in handcuffs. The petitioner No.2 asked SI Manoj no.2) why he had handcuffed Ashish Kumar. The respondent threatened petitioner No. 2 that he will register a case under section 186/353 IPC against Ashish Kumar and that he was empowered to handcuff person at any point of time. Thereafter, SI Manoj (respondent no.2)
his room from the room of the SI Sandeep (respondent no.3) and petitioner No.2 clicked a handcuffed photograph of Ashish Kumar who detained in the police station unlawfully without registration of any against him.
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On 30.08.2018 at about 7:00 AM the petitioner No.l went in the room of the S.I. Sandeep (respondent no.3) and heard the scream of No.2 i.e. Advocate Ravinder Kumar. At that...
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