W.P.(CRL)/2519/2024 of MR. NEERAJ SEHRAWAT @ NEERAJ BAWANIA Vs STATE OF NCT OF DELHI & ANR.

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2519/2024

MR. NEERAJ SEHRAWAT @ NEERAJ BAWANIA

.....Petitioner

Through:

Mr. Mukesh Rana, Mr. Randhir Kumar, Mr. Atul Sareen and Mr Janesh Patheerwal, Advs.

versus

STATE OF NCT OF DELHI & ANR.

.....Respondents

Through:

Ms.Rupali Bandhopadhya, ASC for the State with SI Mukesh Kumar.

CORAM:

HON'BLE MR. JUSTICE AMIT MAHAJANO R R13.12.2024

CRL.M.A. 24553/2024 (exemption from filing the typed copy ofthe dim and illegible annexures) & CRL.M.A. 24554/2024(exemption from filing certified copies of orders / annexures)

1.Exemptions allowed, subject to all just exceptions.

2.The applications stand disposed of. W.P.(CRL) 2519/2024 & CRL.M.A. 24555/2024

3.By the present petition, the petitioner essentially seeks that either he or under-trial prisoner Naveen Bali, be transferred to some other cell.

4.It is the case of the petitioner that he gets unnecessarily implicated in cases where the other prisoner, namely, Naveen Bali is an accused, since at some stage they allegedly belonged to the same gang.

5.This Court had called for the original file from the Central Jail where the petitioner is currently lodged. I have perused the

file.

6.The notings indicate that the representations given by the petitioner were considered.

7.The authorities, taking note of the inputs from Crime Branch and Special Cell, opined that the situation is highly volatile.

8.It was also noted that the petitioner is currently lodged in Central Jail No. 2, Tihar in one of the cells. It is otherwise considered as high security ward.

9.It is also mentioned that the shifting at this stage can prove to be disastrous and is, therefore, not advisable. Detailed notings have been made by the senior officer which indicate that the decision has been taken after due application of mind.

10.In view of the above, this Court does not consider it apposite to entertain the present petition.

11.In regard to the allegation that the petitioner gets unnecessarily implicated in offence(s) being committed by co-under-trial prisoner Naveen Bali, the petitioner is at liberty to take defence before the concerned Courts in the case(s) which may have been registered.

12.However, no order can be passed in the present petition at this stage.

13.The file has been perused and handed back to the learned Additional Standing Counsel for the State.

14.The present petition is disposed of in the aforesaid terms.

DECEMBER 13, 2024

‘KDK’

AMIT MAHAJAN, J