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High Court of DelhiW.P.(CRL)/272/2025

Ganesh Kumar Gupta v. Sate Of NCT Of Delhi And ORS & ORS.

2025-01-27Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 272/2025 GANESH KUMAR GUPTA .....Petitioner Through:

Ms.

Geeta Verma, Mr.

Mayank Verma, Mr. Dheeraj, Mr. Hemant Verma and Mr.

Riyaaan Bhola, Advocates.

versus SATE OF NCT OF DELHI AND ORS & ORS......Respondents Through:

Mr. Sanjeev Bhandari, ASC (Crl.) with Mr. Arijit Sharma and Mr.

Nikunj Bindal, Advocates for the State with SI Baleshwar, PS Najafgarh.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 27.01.2025 1.

The Criminal Writ Petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'B.N.S.S.') has been filed on behalf of the Petitioner, Ganesh Kumar Gupta for directing the Respondent Nos. 1 and 2, to take appropriate action against the Respondent Nos. 6, 7, 8, 9 & 10, on the Complaint dated 26.11.2024, made to DCP, Dwarka and also to direct the Respondent No. 3, to bring the General Diary Records and details of call made by the Petitioner, from his Mobile Number 9911934768 from 4:00 pm to 3:00 p.m., from 26.11.2024 to 27.11.2024.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

2.

It has been detailed in the Petition that the Applicant had been called to the Police Station in the night of 24.11.2024 and had been illegally detained and left on 25.11.2024. It is submitted that he is under 18 years of age and cannot be called to the Police Station in the manner, it has been done. It is also asserted that he had been physically and sexually assaulted, for which MLC has been conducted. Another Application has been filed before the learned Trial Court for fresh MLC. It is further submitted that despite making Complaint to DCP, no action has been taken, for which requisite directions may be made.

3.

Mr. Sanjeev Bhandari, learned ASC for the State, on instructions from the Investigating Officer, submits that similar Applications have been filed before the learned Trial Court, which are pending consideration. It is also explained that the incident had taken place on 11.10.2024 and the Petitioner was suspected to know about the crime and was, therefore, called to the Police Station on 24.11.2024. The FIR No. 0506/2024, i.e. the next date was registered on 25.11.2024 and after interrogation, the Petitioner had been let off in the evening of 25.11.2024. It is further submitted that the copy of the General Diary Record, shall be shared with the Petitioner. 4.

Submissions heard and the record perused.

5.

There are investigations being conducted, which are being monitored/placed before the learned Trial Court, who has been seized of the matter. In the circumstances, no further directions are mandated, in the present case except that the Respondent Nos. 1, 2 and 3, shall follow due procedure for calling the Petitioner, if the need be, for the purpose of investigations.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

6.

The Petition is disposed of accordingly.

NEENA BANSAL KRISHNA, J JANUARY 27, 2025/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.