Pawan Kumar Agrawal v. Commissioner Of Police & ORS.

$~112 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 470/2024 PAWAN KUMAR AGRAWAL ..... Petitioner Through:

Mr. Abhijit Anand, Advocate along with Petitioner (through Video Conferencing). versus COMMISSIONER OF POLICE & ORS.

..... Respondents Through:

Mr. Yasir Rauf Ansari, ASC (Crl.) for State with Mr. Mohit Raj Nagar, Mr. Alok Sharma and Mr. Vasu Agarwal, Advocates for R-1 to 3. Mr. Rajnish Kumar Gaind, Senior Panel Counsel for R-1 to 3.

Mr. Vijay Joshi and Mr. Shubham Chaturvedi, Advocates for R-4 and 5.

SI Kuldeep Singh and SI Rajender Singh, P.S.

Hazrat Nizamuddin Railway Station.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 09.02.2024 CRL.M.A. 4300/2024 & CRL.M.A. 4301/2024 (exemptions) 1.

Allowed, subject to all just exceptions.

2.

Applications stand disposed of.

W.P.(CRL) 470/2024 3.

This writ petition has been filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. on behalf of the Petitioner seeking the following relief:- "Issue a writ or direction in the nature of Certiorari, or any other appropriate writ/order, thereby direction be passed to the Respondents to forthwith secure and place on record the CCTV footage of all the cameras W.P.(CRL) 470/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 15:37:34

installed at Hazarat Nizamuddin Railway Station, Delhi pertaining to the incident dated 11.12.2023 from 8:30 AM till 01:00 PM and also CCTV footage of all the cameras installed in an around the Police Station Hazrat Nizamuddin Railway Station, Delhi from 06:45 PM till 08:00 PM of said date 11.12.2023 before this Hon'ble Court, in terms of the Hon'ble Supreme Court of India landmark Judgment in "Paramvir Singh Saini vs Baljit Singh & Ors. [SLP(Crl.) No. 3543/2020]". 4.

Issue notice.

5.

Learned counsels, as above, accept notice on behalf of Respondents No.1 to 3 and Respondents No.4 and 5 respectively. 6.

Learned counsels appearing on behalf of Respondents No.1 to 3, on instructions from the Investigating Officers SI Kuldeep Singh and SI Rajender Singh, P.S. Hazrat Nizamuddin Railway Station, who are present in Court, submit that the footage of the CCTV cameras installed at Hazrat Nizamuddin Railway Station has already been recovered and shall be preserved. Further steps will be taken to ensure that the footage of the CCTV cameras installed outside and/or around the Railway Station are also recovered and preserved.

7.

At this stage, learned counsel for Petitioner submits that the footage of the CCTV cameras may be supplied to him. There is no such relief claimed in the petition. However, since the representation/complaint of the Petitioner is pending in this regard before the Competent Authority, a decision shall be taken within three weeks from today and the same will be communicated to the Petitioner, who may be at liberty to avail appropriate remedies in law in case of any surviving grievance.

8.

Petition stands disposed of.

JYOTI SINGH, J FEBRUARY 09, 2024/kks W.P.(CRL) 470/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/12/2024 at 15:37:34