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SATISH KUMAR v. STATE (GOVT. OF NCT OF DELHI)

Supreme Court of India | Diary 10070/2023

Status

ROP - of Main Case

Decided On

21-10-2024

Bench

HON'BLE MR. JUSTICE PANKAJ MITHAL and HON'BLE MR. JUSTICE R. MAHADEVAN

Petitioner

SATISH KUMAR

Respondent

STATE (GOVT. OF NCT OF DELHI)

Primary Holding

Non-arrest of accused persons named in a charge sheet, or omissions in investigation, does not per se establish that the investigation was unfair so as to warrant transfer to the CBI under Article 136 jurisdiction.

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Full Judgment Text

SLP(CRL.) NO.3625/2023 ITEM NO.60 COURT NO.17 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS PETITION(S) FOR SPECIAL LEAVE TO APPEAL (CRL.) NO(S). 3625/2023 (Arising out of impugned final judgment and order dated 07-12-2022 in WPCRL No. 467/2021 passed by the High Court Of Delhi At New Delhi) SATISH KUMAR PETITIONER(S) VERSUS STATE (GOVT. OF NCT OF DELHI) & ORS. RESPONDENT(S) (IA No. 56830/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 56833/2023 - EXEMPTION FROM FILING O.T.) Date : 21-10-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) Mr. Amit Anand Tiwari, Sr. Adv. Mr. Rohitash S. Nagar, Adv. Mr. Sachin Kr. Tokas, Adv. Mr. Jitender, Adv. Saushriya Havelia, Adv. Mr. Ashwani Kumar Dubey, AOR For Respondent(s) Mr. Vikramjit Banerjee, A.S.G. Mr. Nachiketa Joshi, Sr. Adv. Mr. Mukesh Kumar Maroria, AOR Mr. Annirudh Sharma-II, Adv. Mr. Pratyush Srivastava, Adv. Mr. Prashant Rawat, Adv. Mr. Chitransh Sharma, Adv. Mr. Narhari Singh, Adv. Mr. Santosh Kumar, Adv. Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel, the court made the following O R D E R 1. Heard learned counsel for the parties. 1

SLP(CRL.) NO.3625/2023 2. The petitioner wants the investigation pursuant to the FIR No.728 of 2014 dated 12.09.2014 registered under Sections 363/302/201 read with Section 34 of IPC with the Bawana, Police Station to be transferred to the CBI for the purposes of fair investigation. 3. The investigation was earlier transferred to the Crime Branch and the charge sheet has already been submitted. The High Court has dismissed the writ petition filed by the petitioner with the observation that during investigation, NARCO analysis, brain mapping as well as the polygraphic tests were conducted on all the suspects alleged to have committed the offence. The charge sheet has already been filed against two persons-Sunil Kumar and Ranjeet. 4. The thrust of the argument of the learned Senior counsel appearing for the petitioner apart from other things appears to be that the accused named in the charge sheet have not been arrested. 5. We can understand the plight and agony of the petitioner due to the death of his minor son aged about 12 years, but after going through the material available on record and the report submitted by the Additional C.P. Crime, we are of the view that merely for the reason that the suspects have not been arrested or that certain aspects have been left out from the investigation, it cannot be said that it was not a fair investigation. 6. Accordingly, we do not deem it necessary to exercise our discretion under Article 136 of the Constitution of India in this matter. The present petition is, accordingly, dismissed. Pending application(s), if any, shall stand disposed of. 7. The petitioner is at liberty to take recourse to other remedies that may be open to him in law. (Divya Babbar) (Geeta Ahuja) Court Master (NSH) Assistant Registrar-cum-PS 2

ITEM NO.59 COURT NO.17 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).3625/2023 (Arising out of impugned final judgment and order dated 07-12-2022 in WPCRL No.467/2021 passed by the High Court of Delhi at New Delhi) SATISH KUMAR Petitioner(s) VERSUS STATE (GOVT. OF NCT OF DELHI) & ORS. Respondent(s) IA No.56830/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No.56833/2023 - EXEMPTION FROM FILING O.T. Date : 14-10-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) Mr. Amit Anand Tiwari, Sr.Adv. Mr. Rohitash S.Nagar, Adv. Mr. Sachin Kumar Tokas, Adv. Mr. Jitender, Adv. Mr. Ashwani Kumar Dubey, AOR For Respondent(s) Mr. Vikramjit Banerjee, A.S.G. Mr. Nachiketa Joshi, Sr. Adv. Mr. Mukesh Kumar Maroria, AOR Mr. Annirudh Sharma-ii, Adv. Mr. Pratyush Srivastava, Adv. Mr. Prashant Rawat, Adv. Mr. Chitransh Sharma, Adv. Mr. Narhari Singh, Adv. Mr. Santosh Kumar, Adv. Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R List on 21.10.2024. (SATISH KUMAR YADAV) (RAM SUBHAG SINGH) ADDITIONAL REGISTRAR COURT MASTER (NSH)

ITEM NO.30 COURT NO.17 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No. 3625/2023 (Arising out of impugned final judgment and order dated 07-12-2022 in WPCRL No. 467/2021 passed by the High Court Of Delhi At New Delhi) SATISH KUMAR Petitioner(s) VERSUS STATE (GOVT. OF NCT OF DELHI) & ORS. Respondent(s) (IA No. 56830/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 56833/2023 - EXEMPTION FROM FILING O.T.) Date : 24-09-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) Mr. Ashwani Kumar Dubey, AOR For Respondent(s) Mr. Vikramjit Banerjee, A.S.G. Mr. Nachiketa Joshi, Sr. Adv. Mr. Mukesh Kumar Maroria, AOR Mr. Annirudh Sharma-ii, Adv. Mr. Pratyush Srivastava, Adv. Mr. Prashant Rawat, Adv. Mr. Chitransh Sharma, Adv. Mr. Narhari Singh, Adv. Mr. Santosh Kumar, Adv. Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R On the request of learned counsel appearing for the petitioner, list on 14.10.2024 for final disposal. (SNEHA DAS) (RAM SUBHAG SINGH) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

1 ITEM NO.15 COURT NO.17 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition for Special Leave to Appeal (Crl.) No. 3625/2023 (Arising out of impugned final judgment and order dated 07-12-2022 in WPCRL No. 467/2021 passed by the High Court Of Delhi At New Delhi) SATISH KUMAR Petitioner(s) VERSUS STATE (GOVT. OF NCT OF DELHI) & ORS. Respondent(s) (IA No. 56830/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No. 56833/2023 - EXEMPTION FROM FILING O.T.) Date : 03-09-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE R. MAHADEVAN For Petitioner(s) Mr. Ashwani Kumar Dubey, AOR Mr. Sachin Kumar Tokas, Adv. Mr. Jitender Singh Tanwar, Adv. For Respondent(s) Mr. Vikramjit Banerjee, A.S.G. Mr. Nachiketa Joshi, Sr. Adv. Mr. Mukesh Kumar Maroria, AOR Mr. Annirudh Sharma-ii, Adv. Mr. Pratyush Srivastava, Adv. Mr. Prashant Rawat, Adv. Mr. Chitransh Sharma, Adv. Mr. Narhari Singh, Adv. Mr. Santosh Kumar, Adv. Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel appearing for the State of NCT of Delhi is directed to seek instruction as to why the trial has not commenced pursuant to the charge

2 sheet submitted by the Crime Branch. An affidavit in this regard be filed within two weeks. List after two weeks. (SNEHA DAS) (RAM SUBHAG SINGH) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.39 COURT NO.15 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).3625/2023 (Arising out of impugned final judgment and order dated 07-12-2022 in WPCRL No.467/2021 passed by the High Court of Delhi at New Delhi) SATISH KUMAR Petitioner(s) VERSUS STATE (GOVT. OF NCT OF DELHI) & ORS. Respondent(s) (IA No. 56830/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 56833/2023 - EXEMPTION FROM FILING O.T.) Date : 08-01-2024 This matter was called on for hearing today. CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Ashwani Kumar Dubey, AOR Mr. Sachin Kumar Tokas, Adv. Mr. Jitendra Singh Tanwar, Adv. For Respondent(s) Mr. Vikramjit Banerjee, A.S.G. Mr. Mukesh Kumar Maroria, AOR Mr. Annirudh Sharma-ii, Adv. Mr. Pratyush Srivastava, Adv. Mr. Prashant Rawat, Adv. Mr. Chitransh Sharma, Adv. Mr. Narhari Singh, Adv. Mr. Santosh Kumar, Adv. Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R 1. The learned senior counsel appearing for the respondent – State seeks time to file the report of the Senior Police Officer, who was appointed to look into the investigation, pursuant to the order passed by this Court on 19.10.2023. 2. List after four weeks, as prayed for by the learned senior counsel for the respondent-State. (RAVI ARORA) (MAMTA RAWAT) COURT MASTER (SH) COURT MASTER (NSH)

1 ITEM NO.30 COURT NO.11 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3625/2023 (Arising out of impugned final judgment and order dated 07-12-2022 in WPCRL No. 467/2021 passed by the High Court Of Delhi At New Delhi) SATISH KUMAR Petitioner(s) VERSUS STATE (GOVT. OF NCT OF DELHI) & ORS. Respondent(s) (IA No. 56830/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 56833/2023 - EXEMPTION FROM FILING O.T.) Date : 19-10-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Ashwani Kumar Dubey, AOR Mr. Sachin Kumar Tokas, Adv. Mr. Rishabh Shukla, Adv. Mr. Vaibhav Tiwari, Adv. For Respondent(s) Mr. Vikramjit Banerjee, A.S.G. Ms. Nachiketa Joshi, Adv. Mr. Annirudh Sharma -(ii), Adv. Mr. Pratyush Shrivastava, Adv. Mr. Prashant Rawat, Adv. Mr. Chitransh Sharma, Adv. Ms. Nar Hari Singh, Adv. Dr. Arun Kumar Yadav, Adv. Mr. Shreekant Neelappa Terdal, AOR Mr. Vikramjeet Banerjee, A.S.G. Mr. Santosh Kumar, Adv. Mr. Nachiketa Joshi, Adv. Mr. Annirudh Sharma Ii, Adv. Mr. Prashant Rawat, Adv. Mr. Pratyush Shrivastava, Adv. Mr. Chitransh Sharma, Adv. Mr. Arvind Kumar Sharma, AOR

2 UPON hearing the counsel the Court made the following O R D E R Heard the learned counsel appearing for the petitioner and the learned senior counsel appearing for the first and second respondents. We direct the first respondent to nominate a senior IPS Officer to look into the investigation already carried out. The senior Police Officer so appointed shall look into all aspects of investigation and in particular, with reference to the grievances made by the petitioner in this special leave petition as well as the petition before the High Court. The State Government shall produce a report of the senior Police Officer so appointed, before the next date. List on 08.01.2024. (POOJA SHARMA) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)

1 ITEM NO.50 COURT NO.9 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s).3625/2023 (Arising out of impugned final judgment and order dated 07-12-2022 in WPCRL No. 467/2021 passed by the High Court Of Delhi At New Delhi) SATISH KUMAR Petitioner(s) VERSUS STATE (GOVT. OF NCT OF DELHI) & ORS. Respondent(s) IA No. 56830/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 56833/2023 - EXEMPTION FROM FILING O.T.) Date : 24-07-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Ashwani Kumar Dubey, AOR Mr. Sachin Kumar Tokas, Adv. Mr. Pankaj Dubey, Adv. Ms. Ananya Pandey, Adv. Mr. Jitender Tanwar, Adv. For Respondent(s) Mr. Vikramjit Banerjee, A.S.G. Ms. Nachiketa Joshi, Adv. Mr. Annirudh Sharma -(ii), Adv. Mr. Pratyush Shrivastava, Adv. Mr. Prashant Rawat, Adv. Mr. Chitransh Sharma, Adv. Ms. Nar Hari Singh, Adv. Dr. N. Visakamurthy, Adv. Mr. Shreekant Neelappa Terdal, AOR Mr. Vikramjeet Banerjee, A.S.G. Mr. Santosh Kumar, Adv. Mr. Nachiketa Joshi, Adv. Mr. Annirudh Sharma Ii, Adv.

2 Mr. Pratyush Shrivastava, Adv. Mr. Prashant Rawat, Adv. Mr. Chitransh Sharma, Adv. Mr. Arvind Kumar Sharma, AOR UPON hearing the counsel the Court made the following O R D E R The counter affidavit filed by respondent Nos.1 and 2, as also by 3 rd respondent, if not furnished, be furnished to the learned counsel for the petitioner. (DEEPAK JOSHI) (KAMLESH RAWAT) COURT MASTER (SH) ASSISTANT REGISTRAR

ITEM NO.5 REGISTRAR COURT. 2 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR SH. PAVANESH D. Petition(s) for Special Leave to Appeal (Crl.) No(s). 3625/2023 SATISH KUMAR Petitioner(s) VERSUS STATE (GOVT. OF NCT OF DELHI) & ORS. Respondent(s) Date : 17-04-2023 This petition was called on for hearing today. For Petitioner(s) Mr. Sachin Kr Tokas, Adv. Mr. Ashwani Kumar Dubey, AOR For Respondent(s) UPON hearing the counsel through Video Conference, the Court made the following O R D E R As per Office Report, petitioner has failed to file spare copies for issuance of notice to the respondents in terms of Order dated 28.03.2023 passed by the Hon’ble Court. However, Ld. Counsel for petitioner submits that needful has been done and process fee / spare copies has been e-filed on 14.04.2023. Registry to verify. If so, notice be issued to the respondents forthwith. In addition and as requested, Ld. Counsel for petitioner is also permitted to serve petition papers on the Ld. Standing Counsel appearing for the respondents and file necessary proof within a period of one week. If complied, List again on 27.04.2023. Failing which, process the matter for listing before the Hon’ble Judge-in-Chambers, for further directions. PAVANESH D. Registrar pm

ITEM NO.14 COURT NO.15 SECTION II-C S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3625/2023 (Arising out of impugned final judgment and order dated 07-12-2022 in WPCRL No. 467/2021 passed by the High Court Of Delhi At New Delhi) SATISH KUMAR Petitioner(s) VERSUS STATE (GOVT. OF NCT OF DELHI) & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.56830/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.56833/2023-EXEMPTION FROM FILING O.T. ) Date : 28-03-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN HON'BLE MR. JUSTICE PANKAJ MITHAL For Petitioner(s) Mr. Ashwani Kumar Dubey, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice, returnable in four weeks. (RADHA SHARMA) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH)

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