Allowed

Shri Amar Pal v. the Commissioner of Police & Ors.

Delhi HC2 Jul 2024W.P.(CRL)/1821/2024

Case brief

AI extract

What is this about?

The High Court permitted the withdrawal of a Writ Petition and Special Leave Petition challenging police inaction and non-registration of an FIR. The court further disposed of the pending connected applications subject to the petitioner's liberty to seek appropriate relief from the Magistrate.

What did the court decide?

Permitted withdrawal of the Writ Petition with liberty to approach the MM; disposed of pending applications.

Shri Amar Pal Vs the Commissioner of Police & Ors. — Criminal Trial and Appeal | Delhi HC (2024)

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$~ 24

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 1821/2024, CRL.M.A. 17658/2024 & CRL.M.A.17660/2024

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SHRI AMAR PAL ..... Petitioner

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Through Mr. R.K. Sharma, Mr. Abhishek Sharma, Mr. Pratham Vashisht and Ms. Roshiba Vashisht, Advocates.

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versus

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THE COMMISSIONER OF POLICE & ORS. ..... Respondents Through S.I. Madhav, P.S. Bawana.

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CORAM:

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HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA O R D E R % 02.07.2024

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CRL.M.A.17659/2024 (Exemption)

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Exemption allowed, subject to all just exceptions.

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The application stands disposed of.

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W.P.(CRL) 1821/2024

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The Petition under Article 226/227 read with Section 482 Cr.PC of the Constitution of India, has been filed with the following prayers:-

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“a) Issue a writ of mandamus or any other writ of like nature against the respondent No. 1 to 3 thereby directing them to conduct an independent probe into the various complaints made by the petitioner to the local police which went unnoticed, through an independent agency so that a truth may be found in the matter;

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/07/2024 at 15:47:23

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b) Issue a writ of mandamus or any other writ of like nature against the respondent No. 1 to 3 thereby directing them to register an FIR for the last incidents qua the complaint made by petitioner vide dated 02.08.2023 wherein the allegations/information of cognizable offence has been set out as yet the police has not registered any case against the private respondents named in the present petition;

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c) Further the direction be issued to respondent No. 1 especially to constitute special investigation team for the purpose of an independent investigation to be conducted against the respondents No. 4 to 11 as the local police has acted bias throughout since inception over the past four to five years.”

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It is submitted on behalf of the petitioner that he is being harassed by the respondent in connivance with local police, who despite repeated complaints, refusing to proceed as per law. Therefore, it is submitted that the FIR may be directed to be registered in respect of the incident dated 02.08.2023 and also the investigation be directed to be carried out through special investigation team, for the purpose of independent investigation. 5. Learned counsel for the petitioner, after some arguments, seeks permission to withdraw the present Petition, with liberty to approach the learned MM, to pursue the appropriate remedy.

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The Writ Petition is permitted to be withdrawn with liberty as prayed for. The pending applications also stand disposed of.

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NEENA BANSAL KRISHNA, J

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JULY 2, 2024/RS

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/07/2024 at 15:47:23

Shri Amar Pal v. the Commissioner of Police & Ors.

Case brief

What is this about?

What did the court decide?

Shri Amar Pal v. the Commissioner of Police & Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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