Delhi High Court
Sh. Ram Lal Malhotra & Anr. vs Union Of India & Ors. on 18 August, 2022
#S-60
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On:18.08.2022
W.P.(CRL) 1710/2022 & CRL. M.A. 14921/2022 (for interim
orders/directions)
SH. RAM LAL MALHOTRA & ANR. ..... Petitioners
versus
UNION OF INDIA & ORS. ......Respondents
Advocates who appeared in this case:
For the petitioneArs : Mr. S.S. Jain and Ms. Veena Rupana, Advocates
along with petitioners and sister of Mr. Amit
Malhotra.
For the respondents : Mr. Sanjay Lao, Standing Counsel (Criminal) along
with Mr. Karanjeet Rai Sharma, Advocate for the
State along with W/ASI Poonam and S.I. Sunny,
P.S.: Roop Nagar, Delhi.
Ms. Pratima N. Lakra, CGSC.
Dr. Archi Bhatia, respondent No. 5 in-person.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE AMIT SHARMA
JUDGMENT
SIDDHARTH MRIDUL, J. (OPEN COURT)
1. The present petition under Article 226 of the Constitution of
India, has been instituted on behalf of the petitioners, praying as
follows:-
"It is, therefore, most respectfully prayed that this
Hon'ble Court may graciously be pleased to exercise its
paren patriae jurisdiction in the peculiar facts of the
present case and may kindly be pleased to:
a) issue a writ/order direction in the nature of
Habeas Corpus directing the respondents to
produce the Dr. Amit Malhotra (Cardiologist)
Signature Not Verified
Digitally Signed
Signing Date:20.08.2022
13:45:05
son of petitioners as injured, victim from the
custody of his wife respondent no.5, before this
Hon'ble Court; and
b) to get immediate best medical examination in
respect of existing condition of Dr. Amit
Malhotra as on date, treatment thereof through
specialist doctors of AIIMS or of any other best
hospitals, for speedy recovery from his all
subsisting mental, physical infirmities,
disabilities, ailments, injuries and effects thereof
etc.; and
c) the petitioners/natural biological parents of their
only son Dr. Amit Malhotra, be appointed as his
legal guardian/of his custody, till he recover from
his mental and physical disability, infirmities,
injuries and effects thereof and able to take his
own cogent decision in respect thereto,
independently without influence of any person
including petitioners, his wife respondent no.5
and in the mean time allow to take his full care in
respect of his health in all respect, and
d) the parents, siblings, relatives, friends, colleagues
of Dr. Amit Malhotra be allowed to meet him
regularly everyday with sufficient time including
on every occasions, festivals and birthdays,
holidays etc. at the residence place of petitioners
at Adarsh Nagar, Delhi, also at the parental house
of Respondent No.5 and/or wherever Dr. Amit
Malhotra stays, however without any
obstructions/interference, restrictions on part of
respondent No.5 her parental family members,
her children, servants etc; and
e) to direct independent police/investigating
agencies such as CBI or Crime Branch to
investigate thoroughly from all angles of the
incident dated 31.01.2021 and the circumstances
in which Dr. Amit Malhotra suffered inflicted
such grievous, serious head and other body
injuries while travelling in the car with his family
(wife and children), resulting into Coma, Cardiac
Arrest and in present mental, physical existing
loss of memory, infirmities, disabilities and loss
of professional career due to same and the
person(s) involved/liable and responsible for the
same be brought on record and get punished; and
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Signing Date:20.08.2022
13:45:05
f) to direct independent police/investigating
agencies such as CBI or Crime Branch, to
investigate thoroughly into the estate of Dr. Amit
Malhotra particularly the amounts lying deposit
(in lacs/crores) in his bank accounts, FDR's and
in other shape by misusing his debit bank cards,
changing passwords of his E-banking operations,
the whereabouts of the same and/or its
misappropriation by whosoever, with effect from
date of incident dated 31.01.2021 when Dr. Amit
Malhotra was unable to use his bank operations
after injuries went in Coma and for the period
onwards till date, directing the police authorities
to register FIR against the person(s) found,
involved and guilty in the offences/crime of
misappropriation of his estate and recover,
restore his funds/money back to account of Dr.
Amit Malhotra; and
g) Pass any other order(s) that this Hon'ble Court
may deem fit and proper in the facts and
circumstances of the case."
2. The petitioners, in the present habeas corpus petition, limit the
reliefs in these proceedings, to a direction to Dr. Archi Bhatia, wife of
Dr. Amit Malhotra, to permit the former to visit the latter at House
No. 26/95, Shakti Nagar, Delhi, for two hours between 11:00 a.m. and
1:00 p.m. tomorrow i.e. 19.08.2022.
3. Dr. Archi Bhatia, respondent No. 5 herein, who appears before
us in-person, states that, she does not object if the parents, namely,
Mr. Ram Lal Malhotra and Smt. Shanti Malhotra and sisters of Dr.
Amit Malhotra, namely, Dr. Megha Malhotra and Ms. Arti Malhotra,
come and visit her ailing husband, Dr. Amit Malhotra, tomorrow,
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Digitally Signed
Signing Date:20.08.2022
13:45:05
subject, however, to the meeting taking place in the presence of a
responsible third-party.
4. It would be necessary for us to observe that, Dr. Archi Bhatia,
facilitated a video-conference with Dr. Amit Malhotra, from her
residence yesterday i.e. 17.08.2022, giving this Bench an opportunity
to interact with the latter.
5. In view of the foregoing, the present habeas corpus petition is
disposed of by permitting the parents and sisters of Dr. Amit
Malhotra, to visit Dr. Amit Malhotra, at the address aforementioned
between 11:00 a.m. and 1:00 p.m. tomorrow i.e. 19.08.2022; and
directing that the meeting will take place in the presence of W/ASI
Poonam from Police Station Roop Nagar, Delhi, who has to ensure
that, it takes place in a cordial, congenial and conducive manner.
6. No further directions are prayed for in the present habeas
corpus petition.
7. It is made clear that the petitioners are at liberty to initiate
appropriate proceedings, if any, in accordance with law, in relation to
the other prayers sought for, in the present proceedings.
8. With the above direction, the petition is partly allowed and
disposed of. The pending application also stands disposed of.
Signature Not Verified
Digitally Signed
Signing Date:20.08.2022
13:45:05
9. A copy of this order be given dasti under the signature of the
Court Master, as well as, through electronic mail, to learned counsel
appearing on behalf of the parties.
10. A copy of this order be also sent to the SHO of the Police
Station Roop Nagar, Delhi, for information and compliance and also
be uploaded on the website of this Court.
SIDDHARTH MRIDUL
(JUDGE)
AMIT SHARMA
(JUDGE)
AUGUST 18, 2022/rs
Click here to check corrigendum, if any
Signature Not Verified
Digitally Signed
Signing Date:20.08.2022
13:45:05
