Manish Kumar v. The State & ORS.

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1602/2022 MANISH KUMAR ..... Petitioner Through:

Mr. Manoj Singh, Advocate versus THE STATE & ORS.

..... Respondents Through:

Mr. Amol Sinha, ASC (Crl.) for State with Mr. Kshitiz Garg, Mr. Ashvini Kumar and Mr. Vipula Srivastava, Advocates

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 30.04.2024 CRL.M.A. 13974/2022 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

W.P.(CRL) 1602/2022 3.

This writ petition has been preferred on behalf of the Petitioner under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking a direction to the Respondents to remove the name of the Petitioner from the list of Bad Characters of PS: Dabri. 4.

Learned counsel for the Petitioner states that 7 FIRs were registered against the Petitioner but he has been acquitted in all of them and the details have been furnished in a tabular form in paragraph 3 (vi) of the petition and therefore, there is no reason why the name of the Petitioner should continue in the list of Bad Characters.

W.P.(CRL) 1602/2022 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 03/05/2024 at 13:05:34

5.

Learned ASC for the State, per contra, relying on the status report urges that initially the name of the Petitioner was placed in Bundle (a) which contains the history sheets of persons whose names are entered in the Surveillance Register but subsequently his name was shifted to Bundle (b) which contains history sheets of persons whose names are not entered in the Surveillance Register but have not been removed to personal files under Rule 23.12 of the Punjab Police Rules, 1934, as 3 FIRs were pending against him. It is, however, submitted that Respondent shall re-examine the issue and take a fresh decision, if Petitioner is found to be acquitted in all the cases.

6.

Petition is accordingly disposed of, directing the Competent Authority to review the case of the Petitioner after examining if any cases are pending against him. Needless to state that if it is found that Petitioner has been acquitted in all cases, appropriate order will be passed in that regard for his continuation or otherwise in the list of Bad Characters of PS: Dabri, in accordance with applicable rules.

7.

Decision shall be taken within 6 weeks from today and communicated to the Petitioner who will be at liberty to take recourse to appropriate legal remedies, in case of any surviving grievance. JYOTI SINGH, J APRIL 30, 2024/kks/shivam W.P.(CRL) 1602/2022 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 03/05/2024 at 13:05:34