AJAY GAUTAM vs UNION OF INDIA THROUGH MINISTRY OF LAW AND JUSTICE THROUGH ITS SECRETARY & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 14th January, 2025 Pronounced on: 03rd April, 2025 + CRL.M.A. 1623/2021 in W.P.(CRL) 1311/2020 AJAY GAUTAM .....Petitioner Through: In person through VC Versus UNION OF INDIA THROUGH MINISTRY OF LAW AND JUSTICE THROUGH ITS SECRETARY & ORS. .....Respondents Through: Mr. Ripudaman Bharadwaj, CGSC through VC, Mr. Amit Kumar Rana & Mr.Kushagra Kumar, Advocates for UOI Ms. Rupali Bandhopadhya, Additional Standing Counsel, Mr.Abhijeet Kumar & Mr. Anurag Arora, Advocates for State with SI Mamta, PS Dabri, Delhi CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T NEENA BANSAL KRISHNA, J. CRL.M.A. 1623/2021 1. The present Application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) has been filed on Signature Not Verified CRL.M.A. 1623/2021 in W.P.(CRL) 1311/2020 Page 1 of 5 Digitally Signed By:VIKAS ARORA Signing Date:03.04.2025 18:14:49 behalf of the Petitioner/Ajay Gautam seeking amendment of his Writ Petition. 2. Relevantly, the Writ Petition has been preferred by the Petitioner under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking a Declaration that the procedure adopted by the police to carry out enquiry/ investigation pursuant to Order dated 14.05.2016 passed by the learned Metropolitan Magistrate in Complaint under Section 156(3) Cr.P.C. for submitting Action Taken Report (ATR), is arbitrary, illegal and ultra vires, as it is in violation of Articles 14 & 21 of the Constitution of India. 3. The Petitioner has sought amendment of the Prayers in the Writ Petition as under:- “(i) Issue an appropriate writ, orders or direction for declare the investigation against the Petitioner and his wife in connection with DD.no.38 B, dated 0