W.P.(CRL)/1460/2020 of VIKRAM NAGAR @ VICKY & ORS. Vs THE STATE & ORS.

via Video-conferencing

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1460/2020 & CRL.M.A. 12739/2020

VIKRAM NAGAR @ VICKY & ORS.

.....Petitioners

Through: Mr. Shiv Charan Garg, Adv.

versus

THE STATE

(GOVT. OF NCT OF DELHI) & ORS.

...... Respondent

Through: Mr. Rahul Mehra, SSC (Criminal) for GNCTD with Mr. Chaitanya Gosain, v. n M r . S u k i r P S Keshavpuram

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R R % 16.09.2020

CRL. M.A. No. 12739/2020 (for exemption)

Exemption granted, subject to just exceptions.

The application stands disposed of.

W.P.(CRL) 1460/2020

The petitioners, who are accused in case FIR No.506/2020 t 0 9 . 0 8 . 2 0 2 0 r i s t r u n r s t i o n s 323/354/380/427/452/506/509/34 IPC at P.S.: Keshav Puram, seek direction that representations dated 11.08.2020 and 03.09.2020 made by them to the Investigating Officer/S.H.O., P.S.: Keshav Puram be considered before filing final report under section 173 Cr.P.C. ; and that fair and impartial investigation be conducted in the matter inter alia by recording their statements individually.

2.Mr. Shiv Charan Garg, learned counsel for the petitioners submits that the petitioners are willing to join investigation; but no notice has been issued to them so far.

3. Mr. Rahul Mehra, learned Senior Standing Counsel (Criminal)

appears on behalf of the respondents/Government of NCT of Delhi/ Delhi Police on advance copy; and submits that one of the co-accused in the matter Mr. Rattan Nagar @ Rattan Singh had approached Co-ordinate Bench of this Court by way of W.P.(Crl.) No. 1379/2020 with substantially the same prayers as made here, which petition was disposed of vidé order dated 02.09.2020, with direction to that petitioner to join investigation and with direction to the Investigating Officer to consider the representations/complaints made by him in that case and make necessary inquiries.

4.The proceedings in W.P.(Crl.) No. 1379/2020 have been disclosed in ground ‘K’ of the present petition.

5.Mr. Garg submits that the present petition may also be disposed of on the same lines as the said other writ petition.

6.Accordingly, the present petition is disposed of with direction to the Investigating Officer to consider the complaints/representations dated 11.08.2020 and 03.09.2020 made by the present petitioners; and to conduct fair and thorough investigation.

7.Mr. Garg submits that the petitioners are ready and willing to join investigation, as and when called. Let the I.O. summon the petitioners by written notice, as and when required.

8.The writ petition is disposed of in the above terms.

9.Other pending applications, if any, also stand disposed of.

SEPTEMBER 16, 2020/sr

ANUP JAIRAM BHAMBHANI, J.

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