Delhi High Court
Anju @ Pankaj vs State & Another on 14 September, 2009
Author: Sanjiv Khanna
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 5331/2006
ANJU @ PANKAJ ..... Petitioner
Through Mr. Narender Sharma, Advocate.
versus
STATE & ANR ..... Respondent
Through Ms. Zubega Begum, Advocate.
CORAM:
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 14.09.2009
1. The petitioner claims compensation on account of
death of her husband Mr. Rajesh Yadav @ Talli on 28th
November, 2003 in a shoot out at Tis Hazari Court. Late Mr.
Rajesh Yadav was an under trial accused in judicial custody and
was produced before the Additional District Judge, Tis Hazari
Court, Delhi on the said date. After appearing, Mr. Rajesh Yadav
was taken back to the judicial lock up, when suddenly a person
came from behind and fired gunshots resulting in his death. The
respondents have filed the inquest report under Section 176 of
WPC No.5331/2006 Page 1
the Code of the Criminal Procedure. As per the inquest report,
Mr. Rajesh Yadav had died because of fire arm projectile fired
from a rifled firearm.
2. The respondents in their counter affidavit have stated
that one Mr. Prem Chand, who had fired at Mr. Rajesh Yadav
was over-powered by the police officials and a Chinese Mouser
was recovered. The said Prem Chand is now facing trial for
murder and other offences.
3. Mr. Rajesh Yadav while in hospital had made a
statement before the doctors that one Mr. Mahender Pehalwan
and his associates were involved in the attack.
4. The admitted position is that late Mr. Rajesh Yadav was
an under trial prisoner and after production before the learned
Additional Session Judge he was taken back to the judicial lock-
up, when the incident took place. Constable Ramesh Chand had
remained with Mr. Rajesh Yadav throughout. When Mr. Rajesh
Yadav and Constable Ramesh Chand reached the interview
grills of the lock up, a gunshot was fired, which hit window panes
of a car. Immediately, thereafter second shot was fired and the
said shot hit the accused Mr. Rajesh Yadav from the back side.
Mr. Rajesh Yadav turned, Mr. Prem Chand then fired another
WPC No.5331/2006 Page 2
shot which hit Mr. Rajesh Yadav in the front. Immediately, Mr.
Rajesh Yadav was taken to Bara Hindu Rao Hospital. The
assailant was over powered and captured.
5. As per the respondents, deceased Mr. Rajesh Yadav
was involved as many as in 17 cases under different provisions
of Indian Penal Code and Arms Act in Delhi and outside Delhi.
To what extent past record of the deceased was responsible for
this attack is debatable. The respondents have disputed and
denied that there was any negligence on their part. Whether or
not adequate precaution or care was taken by the police requires
oral evidence and is a disputed question of fact. What was the
cause and motive behind the murder cannot be decided in a writ
petition. The writ petition is accordingly not entertained, leaving
open to the petitioner to file appropriate proceedings before
another forum, if so advised.
SANJIV KHANNA, J.
SEPTEMBER 14, 2009
NA
WPC No.5331/2006 Page 3
