Delhi High Court
Shashi Kr Mahajan & Ors vs Police Commissioner & Ors on 10 September, 2018
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 10.09.2018
+ W.P.(CRL) 503/2018
SHASHI KR MAHAJAN & ORS ..... Petitioners
Through: Mr. Ashok Kumar Mahapatra,
Advocate
versus
POLICE COMMISSIONER & ORS ..... Respondents
Through: Mr. Rahul Mehra, standing Counsel
with Mr. Chaitanya Gosain & Mr. Tushar Sannu,
Advocates for State
SI Mukesh Yadav & Insp./SHO Davender Singh,
PS Jagat Puri
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE V. KAMESWAR RAO
RAJENDRA MENON, CHIEF JUSTICE (ORAL)
1. This petition has been filed by the petitioner and the relief claimed in
the writ petition reads as under:
"a) issue an appropriate writ/ order/ directions the
Respondents No.1 to frame, Regulations, guidelines and
issue orders in such "Family Matters" as to how
investigations have to be handled and guidelines be framed
so that no hasty arrest is made to Senior Citizen as detailed
in Paragraphs 38 to 42 in the Writ Petition under Art.
226(2) of the Constitution of India;
b) pending amendments to be carried out in Cr.P.C.,
Police Authorities must have a column in case Diaries,
where question/ answered/ interrogatories to be placed on
Record during its Investigation irrespective from where it
comes whether Accused/ Complainant during Investigations;
c) acknowledge accepting Documents from Accused/
Complainants for a fair, proper Investigation without taking
sides of anyone;
d) direct Respondent No. 1 to take disciplinary actions
against the Service Law, Regulations against Respondent
Nos. 2, 3, 4 & 5;
e) direct Respondents to pay appropriate compensation to
the petitioners taking into consideration the status of the
petitioners and the social standing of such petitioners in the
society;
f) to direct Respondent No. 3, to register a case against
Respondent No. 6 for filing a false FIR under Section 211
IPC by exercising the inherent power of the Hon'ble Court.
g) Pass such further and other order(s) as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the case and in the interest of justice."
2. From the status report and the counter affidavits filed by the
respondents, we find that on the basis of the complaint filed by respondent
No.6 the matter was looked into and the FIR has been registered and
challenging the same the petitioner has already moved the criminal court and
has filed petitions under Section 482 for quashing the FIR and the
proceedings registered for offences under various provisions of the IPC
being Crl. M.C. No.3913/2014 and Crl. M.C. No. 3108/2016. Respondents
point out that the petitioners having already set in motion the remedies
available to him under the Criminal Procedure Code. Now in this Public
Interest Litigation indulgence into the matter for quashing the criminal
proceedings and the FIR cannot be looked into. The other prayer made
general in nature for issuing guidelines and instructions for arrest of senior
citizens etc. is being looked into by a committee constituted by the Delhi
Police on 06.09.2018 and this prayer, therefore, need not be considered by
us now in this petition.
3. Apart from the fact that the matter is being looked into by the Delhi
Police, the question of laying down guidelines for arrest of senior citizens
and for dealing with family matters is an executive and administrative action
to be considered by various authorities in accordance with the requirement
of law and in this petition we see no reason to go into all these aspects of the
matter and lay down the guidelines.
4. Accordingly, in view of the fact that the petitioners have already
invoked the jurisdiction for quashing the criminal cases and FIR registered
against them, we dispose of the matter granting liberty to the petitioners to
prosecute the same and seek indulgence into the matter in the proceedings so
initiated.
5. With the above observations, the writ petition stands disposed of.
CHIEF JUSTICE
V. KAMESWAR RAO, J
SEPTEMBER 10, 2018/ns
