MASTER HARSH Vs. COMMISSIONER OF DELHI POLICE

JUDGEMENT

(1.) The present writ petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner seeking the issuance of writ of Mandamus or any other appropriate writ/directions against the respondents to file the chargesheet in FIR bearing no. 224/2019 dtd. 10/7/2019 registered at Police Station Mayur Vihar, Delhi under Sec. 336 of Indian Penal Code, 1860 ("IPC").

(2.) Brief facts of the case are that the petitioner, had sustained a severe head injury as a result of the accused persons' negligence, who were associated with the school in which petitioner was studying. At the time of the incident, the petitioner was a student in the 7th standard at 'Rajkiye Sarvodaya Bal Vidhyalay' (RSBV) School in Trilok Puri, Block-20, East Delhi. On 9/7/2019, around 02:00 p.m., during one of his classes, a ceiling fan had suddenly fallen on his head. Thereafter, the petitioner was taken to "LBS Hospital, Kalyanpuri," Delhi, and subsequently referred to Guru Teg Bahadur Hospital, Dilshad Garden, Delhi, due to the severity of his injuries. His injuries included a serious head injury, acute pain, and profuse bleeding.

(3.) Learned Counsel for the petitioner states that the police officials that the chargesheet in the present case has not been filed and the police officials are deliberately not filing the chargesheet despite passing three years. It is stated that There is no accountability of the police officials to complete the investigation timely and file the charge sheet timely, especially in the offences committed against children. It is argued that the petitioner is entitled for fair and speedy trial to effective justice delivery system. Thus, the respondent be directed to file the chargesheet in the present case and pay compensation for the delay in filing of chargesheet.