Vijay Kumar v. State & ORS
$~27 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(Crl.) 1911/2016 VIJAY KUMAR ..... Petitioner Through:
None.
versus STATE ..... Respondent Through:
Mr. Rajesh Mahajan, ASC along with Insp. Shiv Raj Singh Bisht and SI Benktesh, P.S. Amar Colony.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 22.06.2016 On 15th June, 2016 petitioner appeared in person before the Vacation Judge and handed over hand written letter/application stating therein that he apprehend threat to his life at the hands of SI Venkatesh Kumar, P.S. Amar Colony. He claimed that FIR No. 210/2016 was registered against him for bailable offences by the police officers by pressurising his friend Ms. Richa on false allegations. The said letter/application was directed to be treated as present criminal writ petition.
Learned Additional Standing Counsel for the State had made a statement on 15th June, 2016 that DCP/South East would look into the complaint of the petitioner and ensure that adequate protection is given to him.
In the letter/application, petitioner has alleged that high ranking
officers including ADGP, Uttrakhand Ashok Kumar and his PSO Insp. Virbhaan Singh were also involved in the matter. They had got registered the FIR under Section 354D IPC after applying pressure on his friend, namely, Ms. Richa. He categorically alleged that police officials wanted to kill him.
Status report has been filed by Shri Mandeep Singh Randhawa, DCP/South East stating therein that on 30th March, 2016 one Ms. Richa Goenka D/o Shri Praveen Goenka R/o House No. 5, Third Floor, National Park, Lajpat Nagar-IV, New Delhi came to police station and made a complaint alleging therein that petitioner met her in a coaching institute and thereafter had been constantly harassing her by sending messages on her mobile phone. She further alleged that one day when she was on her way from the college to Girls PG, petitioner caught her arm forcibly and twisted and also threatened to kill her. Petitioner further threatened that he would also kill himself.
On the basis of said statement of Ms. Richa, FIR No. 210/2016 under Sections 354A/354D/506 IPC was registered at Police Station Amar Colony and investigation was handed over to SI Banketesh Kumar. During the investigation statement of complainant-Ms. Richa was recorded under Section 164 Cr.P.C. wherein she supported her previous
statement.
Efforts were made to arrest the petitioner but he successfully evaded his arrest.
Shri Rajender Kumar, father of the petitioner, was contacted on his mobile phone No. 9996504028, however, he showed his inability to intimate about the present whereabouts of the petitioner. Since petitioner had been evading arrest process under Section 82 Cr.P.C. against the petitioner has been issued by the learned Metropolitan Magistrate, Saket, returnable for 1st August, 2016.
During the investigation, it is also established that petitioner had been continuously threatening the complainant by making calls to her from different mobile numbers. On 25th May, 2016 petitioner had moved an application seeking anticipatory bail but the same was dismissed in default.
Investigation file has been produced and perused. Statement of Ms. Richa Goenka, recorded by the Metropolitan Magistrate, has also been perused wherein she has levelled allegations of harassment at the hands of the petitioner.
In the above facts, no orders are required to be passed in the present writ petition and the same is disposed of.
A.K. PATHAK (VACATION JUDGE) JUNE 22, 2016/ga