NIKHIL MEHTA Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) This writ petition has been filed by two advocates of this Court under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C.

(2.) The events giving rise to the filing of the present writ petition are somewhat gloomy and unfortunate. It would appear that on the intervening night of 1st and 2nd May, 2013, the petitioners had returned after attending some function and had parked their car in front of the house of one of the petitioners in Geeta Colony. They were sitting in the car and talking. At that time, a police gypsy van came that side and a constable got down from the van and approached the parked car in which the petitioners were sitting and apparently wanted to know why they were sitting there at that time. Some arguments appear to have taken place. The constable pulled out one of the petitioners from the car and is alleged to have used some force in doing so. Noticing this, the other petitioner got down from the car. The other constable sitting in the police van also appears to have used some force in pushing him towards the police van and in the melee, the gold chain of the petitioner fell down. It was picked up by one of the police constables, who is alleged not to have returned the same to the petitioner to whom it belongs. The SHO, who was also present in the gypsy van, came out and is alleged to have used unreasonable force on the petitioners. Eventually, both the petitioners were taken to the Geeta Colony Police Station and were kept there till about 6.00 a.m. in the morning. Some advocates/friends of the petitioners came to the police station early in the morning and the petitioners were let off after a warning.

(3.) On the same day, the petitioner filed a complaint against the SHO and the police personnel accompanying him at the time of the incident and it was requested that the FIR be registered and the matter be investigated and the police officers concerned be suspended. A CD containing the CCTV footage depicting the incident was enclosed to the complaint. No action appear to have been taken by the police till now.