WRIT PETITION 28/1 of 2017

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1405/2025

RAJESH KHANNA

.....Petitioner

Through: Mr. Shiv Kumar Gautam and Mr. Rohit Gupta, Advs. Rohit Gupta, Advs. versus

THE STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Sanjeev Bhandari, ASC (Crl.), Mr. Arjit Sharma and Mr. Nikunj Bindal, Advs. Through: Mr. Sanjeev Bhandari, ASC (Crl.), Mr. Arjit Sharma and Mr. Nikunj Bindal, Advs.

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

% 30.04.2025

1. This hearing has been done through hybrid mode.

2. The present petition under Article 226 of the Constitution of India read with Section 528 of the BNSS (Section 482 of the Cr.P.C.) seeks the following

prayers:

“a. issue writ of mandamus or writ of any other nature, order(s), direction(s) to the respondents thereby directing the respondent no.1 to 3 to protect the life and liberty of petitioner from the respondent no.4 alongwith police staff of PS: Nabi Karim and direct them not to call him in police station without due process and not to illegally harass, humiliate and torture the petitioner and also prohibit respondent no.4 from interfering in the life and liberty of petitioner in any manner whatsoever, in the interest of justice. b. Any other or further order(s) which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may also be passed in favour the petitioners and against the respondents.”direction(s) to the respondents thereby directing the respondent no.1 to 3 to protect the life and liberty of petitioner from the respondent no.4 alongwith police staff of PS: Nabi Karim and direct them not to call him in police station without due process and not to illegally harass, humiliate and torture the petitioner and also prohibit respondent no.4 from interfering in the life and liberty of petitioner in any manner whatsoever, in the interest of justice. b. Any other or further order(s) which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may also be passed in favour the petitioners and against the respondents.”

3. Learned counsel appearing on behalf of the petitioner submits that the petitioner is being called by the police personnel of PS Nabi Karim without petitioner is being called by the police personnel of PS Nabi Karim without

any basis and without following the due process of law.

4. Learned ASC appearing on behalf of the State on an advance notice submits that the present petitioner is declared ‘Bad Character’ (‘BC’) of Bundle and with respect to the same, the activities of such person has to be monitored as per the applicable rules.

5. It is further submitted that if the petitioner has any grievance, he can file complaint with police complaint authority in terms of notification no. F. No. 28/1/2017/HP-I/Estt./Part file-635-641 dated 29.01.2018.

6. In view of the above, the present petition is disposed of with the directions that the police personnel of the concerned police station shall follow due process of law with respect to the present petitioner in case the presence of the latter is required in the concerned police station.

The petitioner is at liberty to file representation before ‘the Police

Complaint Authority of National Capital Territory of Delhi’ in accordance with the aforementioned notification and the same shall be decided in accordance with law under due intimation to him.

The petition is disposed of accordingly with the aforesaid directions.

9. Pending application(s), if any, also stands disposed of.

10. Order be uploaded on the website of this Court, forthwith.

APRIL 30, 2025/kr/Pc

AMIT SHARMA, J

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