ANIL KUMAR Vs. STATE & ORS

JUDGEMENT

(1.) Vide the present petition, petitioner has prayed as under:-

(2.) It is pertinent to mention here that for the same relief, under section 156(3) Cr.P.C., the petitioner approached the Registry of Rohini Courts, Delhi, however, due to lockdown, work of Courts below has been suspended, the Registry of said court denied to accept the same. Hence, the present petition.

(3.) The brief facts of the case are that the brutal incident is of 03.03.2020 when the petitioner, his wife, two minor school going children and unmarried young sister-in-law- namely Ms. 'K' were restrained, threatened to kill and brutally beaten by approximately 10 persons with dandas, bricks, fist blows, kicks, iron rod, etc. Moreover, caste based derogatory remarks (petitioner being from Scheduled Caste Category) were passed, clothes of Ms. 'K' were torn and was fingered etc. Accordingly, calls were made by the petitioner and his sister-in-law at the 100 no. (Police Control Room) and the PCR as well as local police arrived at the spot and had taken the petitioner, his wife, children and sister-in-law to the BJRM Hospital, Jahangir Puri, Delhi but it was surprised and shock to them that they were restrained in Police Station Shalimar Bagh, Delhi deliberately and intentionally and misbehaved, threatened and beaten by one ASI Shiv Hari just with the mala fide intention to delay the MLCs but when the petitioner made another calls at the PCR then only they were taken to the above mentioned Hospital. Meanwhile one friend and his wife namely Shri Sanjay and Mrs. Kajal also arrived in the police station and the said persons are also the witnesses of this kind of act, conduct and behaviour of the said police officer and other incidents which happened on the very next day. Afterward, again the said police officer i.e. ASI Shiv Hari came there and influenced the doctors not to examine them medically. The said police officer again misbehaved with petitioner, his wife, children and sister-in-law, threatened, abused in filthy language and passed caste based derogatory remarks. Thereafter, the petitioner, his wife, minor children, sister-in-law were left in the said hospital and further directed them to come to the police station themselves in the e-rickshaw. Shri Sanjay and his wife Mrs. Kajal also remained present in the hospital at that time.