Gagan Bindra v. State & Ors

ORDER

20.10.2011 By this petition the Petitioner seeks direction to the Respondents not to harass the Petitioner in any manner and not to interfere in his personal life. The contentions raised by the Petitioner are that the Petitioner was falsely implicated in a case registered on 3'd March, 2008 on the complaint of one Mohit Jain in case FIR No. 77108 under Section 379141L134 IPC registered at P.S. Krishna Nagar along with co-accused Kamal Kant and Nitish Malhotra. Subsequently the Petitioner was acquitted in the said case. On 8th July, 20IL,3-4 Police officials from P.S. Geeta Colony came to the w.P.(cRL) 1066/2011 page I of 3 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. % house of the Petitioner where they met the father of the Petitioner and asked about his whereabouts. Thus, the Petitioner strongly apprehends that he will be falsely involved in a heinous crime after making concocted and fabricated story which is not permitted in the civilized society. According to the Petitioner it has come to his notice that the co-accused Kamal Kant in the earlier FIR has been implicated in a criminal case i.e. FIR No. 408111 under Section 21 of the NDPS Act and Section 411 IPC at P.S. Shakarpur. On a notice being issued a status report has been filed. As per the status report it is stated that an enquiry was made in this regard from all the Police officials of P.S. Geeta Colony including the beat staff and it has come on record that no Police officer visited the house of the Petitioner as alleged nor the Petitioner is wanted or suspected in any case at P.S. Geeta Colony at present. As such, no harassment has been caused to the Petitioner nor has any interference been caused in his personal life and liberty. A status report has also been filed by SHO PS Krishna Nagar stating that neither has anybody made enquiries with regard to the Petitioner nor visited the home. The allegations as made in the petition are vague. No names of officials are informed. Be that as it may, SHO PS Geeta Colony has stated that at present W.P.(CRL) 1066/2011 \ the Petitioner is not required in any case. Presently, there is no apprehension of the Petitioner of false implication. No blanket orders can be passed in the present petition except directing that as and when the Petitioner is required for enquiry or otherwise, action thereon will be taken by the Respondents in accordance with law. Petition is dismissed. fi^rSJL $,"fL " MUKTN,GUPTA.,I ocToBER 200 20ll 'g' w.P.(cRL) 1066/2011

'?-/ s-29 * IN THE HIGH COURT OF DELHI AT NEW DELHI w.P.(cRL) r066t20tr GAGAN BINDRA Through Mr. R.S. Juneja, Advs. ..... Petitioner Mr. A.S. Juneja, oh versus STATE & ORS ..... Respondent I\4r. Rajesh Mahajan, ASC for State. Through CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA