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High Court of DelhiW.P.(CRL)/624/2021

Surjeet @ Noori v. The State (Govt. Of N.C.T. Of Delhi) & ORS.

2025-05-13Hon'Ble Ms. Justice Neena Bansal Krishna3 pages

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 624/2021 SURJEET @ NOORI .....Petitioner Through:

Mr. Alok Kumar, Ms. Nidhi Dalal, Ms. Rachana Dalal and Mr. Karan Mann, Advocates versus THE STATE (GOVT. OF N.C.T. OF DELHI) & ORS.

.....Respondent Through:

Ms. Rupali Bandhopadhya, ASC for State with Mr. Abhijeet Kumar, Advocate with SI Yogesh Kumar P.S.

K.M. Pur.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 13.05.2025 1.

A Writ Petition under Article 226 of Constitution of India read with Section 482 Cr.P.C has been filed on behalf of the Petitioner with the following prayers :

"(i) Issue an appropriate writ, order or direction thereby prohibiting the Police Officials of Police Station Kotla Mubarakpur, New Delhi, from visiting the House of the Petitioner without any basis;

(ii) Issue an appropriate writ, order or direction thereby directing the Police Officials of Police Station Kotla Mubarakpur, New Delhi, to follow the procedure provided under the law and also laid down by the Apex Court in D.K Basu‟s case (Supra) and other cases before visiting the house of the Petitioner i.e. by issuing Notice The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

as provided under the law;

(iii) Issue an appropriate Writ, Order or direction thereby directing the Senior Police Officers to conduct enquiry against the role of the Police Officials who without the authority of law visited the house of the Petitioner and order appropriate action against all the police officials, who have visited the house of the Petitioner;

(iv) Issue an appropriate writ, order or direction thereby ordering an enquiry against Sub Inspector Mr. Ravi Yadav as to how he has filed the charge-sheet in case FIR No.45 of 2018 when the investigation of the case has already been transferred to Mr. Sehdev Tomar as per the Order of DCP of the area;

(v) Pass any such other or further orders as this Hon‟ble Court may deem fit and proper on the facts and in the circumstances of the case, in favour of the Petitioner and against the Respondent."

2.

The first prayer is that the Police Officials of P.S Kotla Mubarakpur be directed not to visit the house of the Petitioner and the third prayer is that the Senior Police officials be directed to conduct an enquiry into the role of the Police official who had unlawfully visited the house of the Petitioner. 3.

There can be no blanket directions to prevent the Police Officials from going to the house of an individual. In case it is illegal, then appropriate remedy be taken by the Complainant. 4.

The second prayer is that the Police officials of P.S. Kotla Mubarakpur be directed to follow the procedure provided under the law in D.K. Basu before visiting the house of the Petitioner. 5.

There are no specific directions required to be issued as every Police official is required to abide by law. In case it is found that there is any dereliction of any guidelines, the Petitioner is at liberty to approach the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Court with appropriate remedy.

6.

The fourth prayer is that an enquiry be held against Sub Inspector Ravi Yadav for filing a Chargesheet in FIR No.45 of 2018, though the investigations have been transferred to Mr. Sehdev Tomar as per the Order of DCP.

7.

There is no direction required in this matter and the Petitioner is at liberty to approach the learned Trial for appropriate remedy. 8.

There is no merit in the present Writ Petition, which is hereby dismissed.

NEENA BANSAL KRISHNA, J MAY 13, 2025/va The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.