State (Gnct Of Delhi) vs Amit Kumar
2019 Latest Caselaw 4088 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 03.09.2019

+      CRL.REV.P. 928/2019
       STATE (GNCT OF DELHI)                              ..... Petitioner
                     Through:           Mr. Panna Lal Sharma, APP for State

                          versus
       AMIT KUMAR                                          ..... Respondent
                          Through:      None

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 34976/2019 Allowed, subject to all just exceptions.

Application is disposed of.

CRL.REV.P. 928/2019 Vide the present petition, the petitioner State seeks direction thereby

setting aside the Impugned Order dated 29.05.2019 passed by Sh. Jitendra

Kumar Mishra, learned ASJ, North, Rohini Courts, Delhi whereby the said

Judge is of the view that the investigation should have been conducted either

by Joint CP or by Addl. Commissioner of Police in FIR No. 173/2018

registered at Police Station Model Town for offences punishable under

sections 325/341/308 IPC.

Learned Trial Judge has observed that information regarding incident

received at the concerned Police Station at 04:02 p.m., therefore, may be at

least by 04:30 p.m. medical examination should have been conducted

immediately of the complainant who is working as ASI in the office of DCP

in North West District. Accordingly, he recorded in its order that the

complainant is ASI and IO of the case is also ASI of crime branch i.e. of the

same rank. The complainant is working in DCP office in a same city i.e. a

DCP in North West District, then certainly he is having a position of

influence.

He further recorded that though no evidence brought till now that he

was threatened by the complainant that he would implicate the accused in a

false case as he is in DCP office. Accordingly, he observed that the

investigation should have been conducted either by the Joint Commissioner

of Police or by Additional Commissioner, so that there should be fair

investigation as justice should not only be done but also seen to be done.

Accordingly, undisputed facts are that the complainant is working in the office of DCP North West as ASI and IO of the case is also ASI, however, working under DCP North-West of crime branch, though IO and

complainant are of the same rank, the present case has already been registered for the offences punishable under sections 325/341/308 of the IPC.

If the opinion of the learned ASJ is considered to be true that if any

complainant is working in the office of DCP, he is having a position of

influence and, therefore, he can implicate any innocent person. It is only a

presumption, however, without commenting much on the issue raised in the

present petition, I hereby modify the order dated 29.05.2019 and direct that

investigation in the present matter be done by the officer not below the rank

of Inspector.

Learned APP for the State has agreed to this preposition.

Accordingly, the petition is allowed and disposed of.

(SURESH KUMAR KAIT) JUDGE SEPTEMBER 03, 2019 ab