Esha Mehta vs State Of Nct Of Delhi & Ors.
2016 Latest Caselaw 622 Del

$~17
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W. P. (CRL.) 306/2016
       ESHA MEHTA                                         ..... Petitioner
                         Through :    Mr. Aldanish Rein, Advocate.

                         versus

    STATE OF NCT OF DELHI & ORS.                ..... Respondents
                    Through : Mr. Jamal Akhtar, Advocate for
                              Mr. Rahul Mehra, Standing Counsel
                              (Crl.) for GNCTD.
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
              ORDER

%             28.01.2016
       The matter has been listed upon mentioning by DB-II.              Office

objection shall be removed before the next date of hearing.

Counsel for the petitioner submits that the wife of Sunil Gautam had made a call to the police on account of a minor altercation between her and her husband Sunil Gautam. The police arrived at the spot by the time the dispute had been resolved, irrespective of which Sunil Gautam who was accompanied by his younger brother was taken to the Police Station and booked under Section 107/151 of the Code of Criminal Procedure and kept in the lock up in the night of 27.01.2016. Both the brothers were produced before the Special Executive Magistrate, Vasant Vihar Police Station, Delhi. Despite the surety bonds having been furnished, the sureties were neither

accepted nor rejected. Bail was not granted and they were sent to the lock up for two days. Counsel for Gautam Brothers requested for a dasti order copy and Special Executive Magistrate orally directed the counsel to collect the same on 30.01.2016 but no copy had been supplied by the Special Executive Magistrate despite repeated requests.

Counsel for the petitioner submits confinement of the brothers is illegal besides not a single document has been provided to detenus.

Notice. Counsel for the State accepts notice. We direct Sunil Gautam and Bimal Gautam to be produced in court forthwith.

Ms. Deepa Arya, Advocate, who is present in court, is requested to visit the office of the Special Executive Magistrate, Vasant Vihar, Delhi. She will seize the file pertaining to the petitioner and produce the same in court today itself. The Special Executive Magistrate shall render complete assistance to Ms. Deepa Arya, Advocate who is appointed by the court.

Copy of this order be given dasti to parties under the signatures of Court Master.

G.S.SISTANI, J

SANGITA DHINGRA SEHGAL, J JANUARY 28, 2016 sc

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 306/2016 ESHA MEHTA ..... Petitioner Through : Mr.Aldanish Rein, Mr.Arvind Kumar, Mr.Ankit Aggarwal and Mr.Sanjeev Kumar.

versus

STATE OF NCT OF DELHI AND ANR ..... Respondents Through : Ms.Richa Kapoor, ASC, with Mr.Amrit Singh, Mr.Jamal Akhtar, Mr.Rohit Kaul and Mr.Ashish Negi, Advs. for Mr.Rahul Mehra, Standing Counsel (Crl.) for the State.

CORAM:

HON'BLE MR. JUSTICE G.S. SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

ORDER % 28.01.2016

Present writ petition has been filed by petitioner under Article 226/227 of the Constitution of India seeking a direction to the respondents to produce Sunil Goutam and Bimal Goutam, who have been illegally confined. It is also alleged that not even a single document has been provided to the detenues or their family members with regard to their illegal confinement.

The matter was listed before this Court upon mentioning before DB-

II. At the first call, the following order was passed: "Counsel for the petitioner submits that the wife of Sunil Gautam had made a call to the police on account of a minor altercation between her and her husband Sunil Gautam. The police arrived at the spot by the time the dispute had been resolved, irrespective of which Sunil Gautam who was accompanied by his younger brother was taken to the Police Station and booked under Section 107/151 of the Code of Criminal Procedure and kept in the lock up in the night of 27.01.2016. Both the brothers were produced before the Special Executive Magistrate, Vasant Vihar Police Station, Delhi. Despite the surety bonds having been furnished, the sureties were neither accepted nor rejected. Bail was not granted and they were sent to the lock up for two days. Counsel for Gautam Brothers requested for a dasti order copy and Special Executive Magistrate orally directed the counsel to collect the same on 30.01.2016 but no copy had been supplied by the Special Executive Magistrate despite repeated requests.

Counsel for the petitioner submits confinement of the brothers is illegal besides not a single document has been provided to detenus.

Notice. Counsel for the State accepts notice.

We direct Sunil Gautam and Bimal Gautam to be produced in court forthwith.

Ms. Deepa Arya, Advocate, who is present in court, is requested to visit the office of the Special Executive Magistrate, Vasant Vihar, Delhi. She will seize the file pertaining to the petitioner and produce the same in court today itself. The Special Executive Magistrate shall render complete assistance to Ms. Deepa Arya, Advocate who is appointed by the court.

Copy of this order be given dasti to parties under the signatures of Court Master."

At the second call, Ms.Deepa Arya, Advocate, who had been requested by this Court to visit the office of Special Executive Magistrate, Vasant Vihar, Delhi, to seize the file pertaining to the case/Kalendra relating to Sh.Sunil Goutam and Sh.Bimal Goutam, has handed over her report. As per the said report, Ms.Deepa Arya, had visited the office of the said Special Executive Magistrate to seize the case file of Sh.Sunil Goutam and Sh.Bimal Goutam but the Special Executive Magistrate refused to part with the said file on the ground that a copy of the aforestated order was not made available to him. The report submitted by Ms.Deepa Arya also shows that a copy of the aforesaid order was made available to the Executive Magistrate, however, the said Special Executive Magistrate refused to part with the said file.

A copy of the Kalandra has been produced by Ms.Richa Kapoor, learned Additional Standing Counsel for the State, in Court, as per which the Sh.Sunil Goutam and Sh.Bimal Goutam were found to be creating breach of peace. The people at the neighbourhood had gathered and both, Sh.Sunil Goutam and Sh.Bimal Goutam were threatening to break open the door of the house.

Pursuant to the directions passed by this Court at the first call, both Sh.Sunil Goutam and Sh.Bimal Goutam have been produced in Court. We are informed that Sh.Sunil Goutam and Sh.Bimal Goutam had furnished bail bonds before the Special Executive Magistrate and the same are yet to be verified.

Ms.Sunaina Bhartia, wife of Sh.Sunil Goutam, is also present in Court. Statement of Smt.Sunaina Bhartia has been recorded separately, wherein she has deposed that in the night of 26.1.2016, she had made a telephone call to the Police at Number 100 informing the Police that her husband, Sh.Sunil Goutam, was creating a nuisance and he wanted to take the baby to his flat, as at that time she was staying at her mother's flat. The Police arrived at the spot, by which time the matter between her husband and her had already resolved. She has further stated that she had informed the Police that since the matter has already been resolved, she does not want any further action in the matter. She was asked by the Police to give her statement in writing that she does not want any further action, which she did and handed over her written statement to the concerned Police officer. However, the Police asked her husband, Sh.Sunil Goutam, to accompany him to Safdarjung Police Station. Her husband, Sh.Sunil Goutam, and his younger brother, Sh.Bimal Goutam, went to the Police Station Safdarjung along with the Police officials but both of them were booked under Section 107/151 of the Code of Criminal Procedure. Smt.Sunaina Bhartia has denied that on account of the conduct of her husband, Sh.Sunil Goutam, the people of neighbourhood had gathered and Sh.Sunil Goutam and Sh.Bimal Goutam were threatening to break open the door of the house.

Statement of Sh.Sunil Goutam and Sh.Bimal Goutam have been recorded separately wherein they had stated that they had no intentions to create any nuisance on 26.1.2016 nor had they breached the peace, as alleged by the Police in the Kalandra filed against them. They have undertaken to the Court that they would not breach the peace in future as well.

Having regard to the statement made by the complaint, Smt.Sunaina Bhartia, and the statement made by Sh.Sunil Goutam and Sh.Bimal Goutam, the Kalendra filed by the Police against Sh.Sunil Goutam and Sh.Bimal Goutam is quashed. Sh.Sunil Goutam and Sh.Bimal Goutam are directed to be released forthwith.

Despite the order passed by this Court, which was communicated through the Local Commissioner, Ms.Deepa Arya, Advocate, and by the Court Master on telephone, the Special Executive Magistrate, Vasant Vihar, New Delhi, has failed to comply with the directions passed by this Court. Having regard to the conduct of the Special Executive Magistrate, we issue notice to show cause to the Special Executive Magistrate, Vasant Vihar Police Station, Vasant Vihar, New Delhi, (respondent no.2 herein) as to why contempt proceedings be not initiated against him, returnable on 16.2.2016.

G.S. SISTANI, J

SANGITA DHINGRA SEHGAL, J JANUARY 28, 2016 msr /