Kismatun-vs.-State-of-NCT.pdferik-ped0pedj

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W.P. (CRL) 2195/2020 Page 1 of 38
$~J-
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 23rd
July, 2024
+ W.P. ...

W.P. (CRL) 2195/2020 Page 2 of 38
3. Respondents Nos. 1, 2 and 3 are respectively the Department of
Home, Government of NC...

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6.3. When the petitioner returned, she did not find Faizan at home;
and though her other...

W.P. (CRL) 2195/2020 Page 4 of 38
alleged that therefore, instead of getting Faizan specialised
medical treatment as had b...

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W.P. (CRL) 2195/2020 Page 5 of 38
of whom belonged to a minority community, abusing them as
being unpatriotic and saying t...

W.P. (CRL) 2195/2020 Page 6 of 38
stitches on his head and ear, in blood-soaked clothes and torn
trousers.
6.12. The petit...

W.P. (CRL) 2195/2020 Page 7 of 38
in the said FIR (along with other FIRs relating to the North-
East Delhi riots) was subs...

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petitioner‟s apprehension that investigation in the matter has not been
proceeding with ...

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would form material evidence in the case, the police have failed
to seize those clothes ...

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W.P. (CRL) 2195/2020 Page 10 of 38
8.6. That the police have also taken the stand that though two of the
young men were ke...

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then handed over the custody of Faizan & Rafique
respectively”
(emphasis supplied)
The ...

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irrelevant for purposes of the investigation, also smacks of an
effort on their part to...

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which videos went viral on the social-media. Counsel submits that
thereafter the police...

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12. It is argued on behalf of the petitioner that the stand taken by P.S.:
Jyoti Nagar ...

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W.P. (CRL) 2195/2020 Page 15 of 38
at the police station voluntarily; and was released to his family only
on 25.02.2020 si...

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The petitioner accordingly alleges that she has no confidence in the
on-going investiga...

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and it later transpired that the staff of P.S.: Jyoti Nagar had
brought all 05 injured ...

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P.S.: Jyoti Nagar, the statements of other injured persons and of
family members of Fai...

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20. It is accordingly Mr. Prasad‟s contention, that despite there being
allegations aga...

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W.P. (CRL) 2195/2020 Page 20 of 38
scene of the incident, that could help in identifying the
policemen who were present at...

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two policemen have also been put through a voice-matching test,
during which their voic...

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that police station. The aforesaid forensic tests conducted by NFSU,
Gandhinagar have r...

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41.2. * * * * * *
41.3. If deficiency in investigation or prosecution is visible
or can...

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(Cri) 336], wherein the Court reiterated the legal position in the
following words: (SC...

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W.P. (CRL) 2195/2020 Page 25 of 38
satisfy the ego or vindicate the prestige of a party interested in such
investigation. ...

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reluctance on the part of the Court to grant relief to the victims or
their families in...

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wide. This can be done even if the chargesheet has been submitted
by the prosecuting ag...

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“20. Hate crimes as a product of intolerance, ideological
dominance and prejudice ought...

W.P. (CRL) 2195/2020 Page 29 of 38
departmental action shall be taken to its logical conclusion
preferably within six mont...

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W.P. (CRL) 2195/2020 Page 30 of 38
dragging, kicking and striking blows on Faizan and the other
young men with batons/lath...

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30.3. It also seems implausible that Faizan‟s family did not visit P.S.:
Jyoti Nagar un...

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Faizan kept at P.S.: Jyoti Nagar, purportedly at his request for
his own safety and wel...

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with responsibility by reason of the on-going riots, is also
completely counter-intuiti...

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and/or Union Territory. Further, in order to ensure that no
part of a police station is...

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was evidently in need of critical medical care itself smacks of
criminal neglect of dut...

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32. It must be recorded here that this court has refrained from engaging in
any detaile...

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credibility of the investigation and to instil confidence in the victims
as to the fair...

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40. Nothing in this judgment shall be taken as an expression of opinion
by this court o...

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