VIKAS BAKSHI Vs. UOI

JUDGEMENT

(1.) By the present petition the Petitioner prays for the following:

(2.) The grievance of the Petitioner is that the Petitioner had earlier filed a complaint against Respondent No.11 Inspector Joginder Kumar as he was subjected to threats, intimidation, extortion and corruption by him being SHO P.S. Kalkaji. When no action was taken, the Petitioner filed a writ petition before this Court being W.P.(CRL) No. 1049/2009 seeking registration of a criminal case against the Police officials with further direction to transfer the investigation to independent agency i.e. CBI. This Court after hearing the arguments and in view of the fact that vigilance enquiry conducted by the vigilance department revealed misdemeanor on part of the Police officers directed the Additional Commissioner of Police (Crime) to recommend necessary actions as warranted under law against guilty Police officials and while doing so would take into consideration the report of vigilance enquiry. This was besides the departmental enquiry initiated against Respondent No.11, which was directed to be continued. The prayer 'C' in the present petition seeks directions to take action against Additional Commissioner of Police for not complying with the order dated 19 th November, 2009 passed by this Court. As per the reply affidavit filed by the Additional Commissioner of Police (South-East District) it is stated that besides the departmental enquiry initiated against the Respondent No.1 as was stated in the W.P.(CRL) No. 1049/2009, a criminal case was also registered and thus adequate action as directed by this Court vide order dated 19 th November, 2009 has already been taken. I find no non-compliance of the order passed by this Court.

(3.) The primary grievance of the Petitioner in the present petition relates to the subsequent incidents dated 8 th September, 2010 and 9 th September, 2010. According to the Petitioner on 8 th September, 2010 at about 11.40 AM while the Petitioner was going to Police Station C.R. Park to meet the ATO i.e. the Inspector concerned along with his wife and PSO when he reached the corner of a small park near the House No. 52/36 C.R. Park, he found a white swift car No. DL-3C-AW-9913 standing in between the road. When the Petitioner sounded the horn of his car, Respondent No.14 came out who was on the driver seat of the said car and started abusing the Petitioner. Since a female was involved the Petitioner called No. 100 and also informed the local Police Station. According to the Petitioner, Respondent No.12 aged about 25 years was under the influence of drugs. When the PCR staff came, she started abusing the PCR staff also. After a long persuasion the Respondent No.12 was forced to get down from her car by the Police. In front of Police she started assaulting the Petitioner injuring upper portion of his left hand. Respondent No.12 also damaged the Petitioner's Honda car by kicking with her legs and she further snatched the Petitioner's mobile phone as he was making a video recording of her. The lady Police officers were called who controlled the Respondent No.12 and recovered the Petitioner's mobile phone from her. Thereafter, one Constable took the Petitioner and his wife to the trauma centre, AIIMS where they were treated and they came back to Police Station thereafter. On coming back to the Police Station, the Petitioner did not find the Respondent No.12. According to the Petitioner, the Head Constable then tried to pressurize the Petitioner to compromise the whole incident, and said that he would get the Petitioner reimbursed of the damages caused from the said Respondent No.12. The Petitioner again called up No. 100 and talked to one Inspector and one Additional Commissioner of Police and got the entire incident recorded in the PCR form.