Ajay Kumar Vs the State (Nct of Delhi) through the Standing Counsel (Criminal)

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$~20 & 21

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IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:2^nd May, 2025

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+ CRL.M.C. 1074/2021 & CRL.M.A.6993/2025

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(for placing on record documents)

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AJAY KUMAR S/o Sh. Ishwar Singh .....Petitioner

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Through: Petitioner in person.

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versus

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THE STATE (NCT OF DELHI) THROUGH THE STANDING COUNSEL (CRIMINAL) .....Respondent Through: Mr. Manoj Pant, Additional Public Prosecutor for Respondent-State.

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CRL.M.C. 1309/2021 & CRL.M.A.6995/2025 (for placing on record documents)

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AJAY KUMAR S/o Sh. Ishwar Singh .....Petitioner Through: Petitioner in person.

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versus

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THE STATE (NCT OF DELHI) THROUGH THE STANDING COUNSEL (CRIMINAL) .....Respondent Through: Mr. Shoaib Haider, APP for State with SI Pravesh, P.S. Mundka.

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CORAM:

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HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

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J U D G M E N T (oral)

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CRL.M.C. 1074/2021 & CRL.M.C. 1309/2021 Page 1 of 7

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Signature Not Verified

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Signed By:VIKAS ARORA Signing Da te:1 5.05.2025 18:29:50

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The Petition bearing CRL.M.C. 1074/2021 under Section 482 of the Code of Criminal Procedure, 1973 ( hereinafter referred to as ‘Cr.PC’ ) has been filed on behalf of the Petitioner, Mr. Ajay Kumar to seek CBI/SIT Probe into his Complaint dated 10.07.2018 filed in the Office of the Joint Commissioner of Police (SWR), Delhi Police, for taking action against Inspector Malik for making misleading and false report to shield criminals; for conspiracy with the other police officials and Government Officers of Delhi, Haryana and Rajasthan, to help them flee from punishment and to conspire against the Petitioner, to get him sent to Jail and to kill him.

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The second Petition bearing CRL.M.C. 1309/2021 under Section 482 Cr.P.C. has been filed by the Petitioner seeking CBI/SIT Probe to take action on his Complaint dated 06.03.2019 against the abuse of the Office by the Police Officers, who induced him not to give the Statement against the Police and to give the Statement against the wife, her relatives and NGO women so that they could be arrested. 3. Briefly stated , the Petitioner stated that he is a three-year Diploma Mechanical Engineer, jobless for the last five years and has no regular income on account of the harassment caused by the Police of Delhi, Rajasthan and Haryana and various others. 4. The Petitioner got married to Smt. Neetu Kumari and one son, Arpit was born from their wedlock on 04.09.2012. 5. The Petitioner asserted that the Criminal Syndicate of the Police Officers have been harassing him and keeping him separate from his son for the last seven years by making false, forged reports in the guise of matrimonial matters and not acting on his Complaints.

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CRL.M.C. 1074/2021 & CRL.M.C. 1309/2021 Page 2 of 7

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Signature Not Verified

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Signed By:VIKAS ARORA Signing Da te:1 5.05.2025 18:29:50

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The case under Protection of Women from Domestic Violence Act, 2005 ( for short ‘D.V. Act’ ) that was filed against the Petitioner, got dismissed by the Trial Court, Sonipat. He was also acquitted in the FIR No. 50/2013 under Section 498A/323/406/506/323/34 Indian Penal Code, 1860, Women Police Station (WPS) Sonipat by the learned Trial Court. The Petitioner’s wife also filed a Petition No. 218/2013 under Section 125 Cr.P.C., before the learned Family Court, Sonipat. Subsequently, Criminal Revision Petition No. CRR(F)-391-2016 was filed by the Petitioner against the impugned Order of the learned Family Court in the Petition No. 218/2013 under Section 125 Cr.P.C.

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The Haryana Police executed Conditional Warrant in Execution Petition bearing No. 210/2016 under Section 125 Cr.P.C. in which the Petitioner had to spend 1 month and 21 days in Sonipat Jail. Later, Petitioner’s wife withdrew her Petition No. 210/2016 under Section 125 Cr.P.C. According to the Petitioner, to the best of his knowledge, there is no matter pending against him in any Court. Despite all this, he is still suffering and is under fear from the Police Officers and others.

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The Petitioner claimed that because of the Police Officers having ruined his life by subjecting him to beatings, threats and illegal spying, he was left with no other option but to file various Wish Death Petitions before the Hon’ble President of India and Hon’ble Prime Minister of India including the Wish Death Petition dated 03.05.2018 on the Online Portal of Government of India. He appeared before Enquiry Officer at DCP Office Complex, Outer District, Delhi Police, in regard to his Wish Death Petition and submitted his hand written signed Statement, Video, CD and

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CRL.M.C. 1074/2021 & CRL.M.C. 1309/2021 Page 3 of 7

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Signature Not Verified

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Signed By:VIKAS ARORA Signing Da te:1 5.05.2025 18:29:50

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documentary evidence on 24.05.2018. Inspector Malik, the Inquiry Officer, however, did not give any receipt or acknowledgment.

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On 24.05.2018, the Enquiry Officer tried to deceive the Petitioner giving temptation to favour and help him if he withdrew the Complaint against the Police Officers and only confined his Complaint to his wife. He also gave a hand written e-mail ID to the Petitioner for sending documents if he so agreed. He also used derogatory sentences. The Petitioner denied the proposal of the Inquiry Officer and gave his Statement in writing.

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The Wish Death Petition was dismissed by the Police Officials making false and fabricated claims, which supports the assertions of the Petitioner that he was being illegally spied by the Police Officials. 11. He also moved a Complaint dated 10.07.2018 before the Joint Commissioner of Police, SWR, Delhi Police but no action was taken. He also filed many RTI Applications to get the status of his case, to which one Status Report was furnished through Letter dated 11.01.2019. 12. The Petitioner has thus, approached the Court for taking necessary action against the Police Officials and also to produce the Records of his Complaints and Wish Death Petition. 13. In the Crl. Misc. Petition bearing No. CRL.M.C. 1309/2021 , the averments of the Petitioner though not stated precisely, mentions that on 27.09.2017, Head Constable Ashok Kumar, Beat Constable of the area, Loknayak Puram (Bakkarwala), Delhi, approached him with a secret conspiracy/plan against him. He took out his mobile phone and talked to some person, who was apparently a big lawyer. He took him to Bakkarwali

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CRL.M.C. 1074/2021 & CRL.M.C. 1309/2021 Page 4 of 7

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Signature Not Verified

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Signed By:VIKAS ARORA Signing Da te:1 5.05.2025 18:29:50

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Chowki and told him to keep his Complaint confined to his wife and not to make such Complaints against the Police Officials.

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The Petitioner sent a Letter dated 27.09.2017 to Special Commissioner of Police giving details of this incident which happened on 27.09.2017. He sought to know the status of his Complaint dated 27.09.2017, but was told that the same was still pending. He sought the CCTV footage through RTI Application dated 04.10.2017, but no CCTV footage was provided. Some unsolicited information documents were supplied to him through Letter dated 15.11.2019. It is asserted that the Police Officials used personal mobile numbers for their official work and during official hours, which has made it impossible for the Petitioner to collect evidence against the criminal acts and the information, has been denied to him through RTI. Hence, he made the Complaint to the Police for taking action.

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The Petitioner has claimed that the Delhi Police has failed to take action on his Complaints. All the documentary evidence, are in their custody, which is not being produced. He is a helpless citizen and has to fight a long legal battle for freedom.

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Hence, the present Petition has been filed seeking investigations on the Complaint filed by the Petitioner with the Police and also to direct the State to file response as to why he should not put an end to his life to free himself from this painful life.

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Status Report was filed on behalf of the State submitting that the Petitioner/Ajay Kumar, had earlier submitted a Complaint to the Police Complaint Authority on 28.08.2017 regarding alleged inaction by the local

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CRL.M.C. 1074/2021 & CRL.M.C. 1309/2021 Page 5 of 7

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Signature Not Verified

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Signed By:VIKAS ARORA Signing Da te:1 5.05.2025 18:29:50

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police. The enquiry concluded that the allegations leveled against police officials regarding inaction, could not be substantiated. It is a matrimonial dispute between husband and wife. No legal action is warranted.

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It is further stated in the Status Report that despite this, the Petitioner continued filing similar Complaints, all of which were found baseless upon enquiry. Additionally, on 08.04.2019, the Petitioner was contacted by a senior police official but he refused to appear unless served a formal Notice and provided security. Enquiries by SI Rajbir Singh and later by Insp. Shyam Sunder (enquiry into allegations against Insp. Malik) further revealed that the Petitioner was in the habit of making repeated Complaints on the same allegations, not only against Delhi Police officials but also those in Haryana and Rajasthan.

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It is further submitted that all Complaints made by the Petitioner, including the “Wish Death” Petitions, were duly enquired into and appropriately closed due to lack of substantiated allegations. 20. Submissions heard and the record perused.

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Essentially, the Petitioner has matrimonial disputes with his wife and has not been able to meet his son on account of these ongoing disputes. Multiple litigations were started by his wife though they all have come to an end. According to the Petitioner, the Petition under D.V. Act was withdrawn. The Petition under Section 125 Cr.P.C. was allowed. Initially, the Revision Petition was pending but his wife later withdrew the same as well in Execution Petition filed in regard to the Order under Section 125 Cr.P.C. The Petitioner got confined to Jail for about 1 month and 21 days.

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CRL.M.C. 1074/2021 & CRL.M.C. 1309/2021 Page 6 of 7

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Signature Not Verified

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Signed By:VIKAS ARORA Signing Da te:1 5.05.2025 18:29:50

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He made various Complaints to the Police, who made investigations against him.

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Extremely exhausted by the long drawn matrimonial discord, the Petitioner out of sheer frustration, made an Application to the Police, Hon’ble President of India and the Hon’ble Prime Minister of India, expressing his wish to die so as to free himself from the pain and the misery of his life.

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Thus, it is quite evident that all the frustration and misery of the Petitioner, arises from his matrimonial disputes. The Police on the Complaints as received by them either from his wife or from him, have been duly enquired into and acted upon. His Death Wish Applications have been rightly rejected.

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The averments as made in the aforesaid two Petitions, do not merit any further directions or action and the Criminal Miscellaneous Petitions, are hereby dismissed.

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