W.P.(C)--3934/2015. Case: M. SUFIAN SIDDIQUI Vs. THE COMMISSIONER OF POLICE, DELHI. High Court of Delhi (India)
| Case Number | W.P.(C)--3934/2015 |
| Citation | NA |
| Judgement Date | April 22, 2015 |
| Court | High Court of Delhi (India) |
$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 3934/2015
M. SUFIAN SIDDIQUI ..... Petitioner Through: Mr. M. Sufian Siddiqui,
(petitioner-in-person) with Rakesh Bhugra & Mr. M. Tabish Advs.
versus
THE COMMISSIONER OF POLICE, DELHI ..... Respondent Through: Ms. Zubeda Begum with Ms.
Ansari & Ms. Vanessa Singh, Advs.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW
O R D E R % 22.04.2015 CM NO.7029/2015 (for exemption)
Allowed, subject to just exceptions. The application is disposed of.
W.P.(C) 3934/2015
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This petition under Article 226 of the Constitution of India, filed Public Interest Litigation (PIL), seeks a direction to the Commissioner Police, Delhi “to formulate transparent and pragmatic mechanism providing „acknowledgment‟ to the individuals joining investigation in
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criminal cases pursuant to the notice received under the Code of Procedure”. It is the contention of the petitioner that some of investigating officers, inspite of persons summoned to join joining in the investigation, proceed to arrest them falsely alleging that had not joined in the investigation. It is argued that if there were to system in place enabling such persons to have acknowledgment of joining the investigation, they will be saved from the harassment hands of police officers who threaten such persons with arrest, advantage of such persons inspite of having joined the investigation no proof of the same.
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The petitioner, in the petition, has himself referred to Arnesh Vs. State of Bihar (2014) 8 SCC 273 and we are of the view that the sought to be espoused by the petitioner has been sufficiently safeguarded by the said judgment. Even otherwise, aberration practiced by some police officials cannot be a ground for us to rewrite the Cr.P.C. according to the petitioner suffers from this lacuna. We may also notice that as far as the city of Delhi is concerned, all police stations have CCTVs and
W.P.(C) 3934/2015 Page 2 of 4
thus the presence of any person summoned to the police station is and it will not be ordinarily possible for the summoning official to deny that the person has not attended inspite of being summoned. We may also record the precaution taken by some persons, so summoned, to have a DD done of their visit. We have in our...
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