COMMISSIONER OF POLICE AND ANR vs SHRI SHAJI SV

IN THE HIGH COURT OF DELHI AT NEW DELHI W.P.(C) 15691/2023& CM APPL. 62945/2023 COMMISSIONER OF POLICE AND ANR .....Petitioners Through: Mr. Farman Ali, SPC with Ms. Laavanya Kaushik, GP and Ms. Usha Jamnal, Advs. versus SHRI SHAJI SV .....Respondent Through: Ms. Esha Mazumdar and Mr. Setu Niket, Advs. CORAM: HON'BLE MR. JUSTICE C.HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT(ORAL) % 10.02.2025 AJAY DIGPAUL, J. FACTUAL BACKGROUND 1. The respondent, while working as a Constable in Delhi Police, was assigned picket duty at the residence of Mr. Sajjan Kumar, Member of Parliament, on 19.05.1994. 2. On the same day, at 03:40 p.m., the respondent proceeded to Hindu Rao Hospital for medical treatment. However, he neither reported back to the police post nor sent any intimation until 09:00 p.m., and was accordingly marked absent on 19.05.1994. 3. During the intervening night of 19.05.1994, a complaint was lodged by one Mr. Ram Babu Mishra at PS Sultanpuri, alleging a burglary attempt at his residence. The complainant identified the respondent herein, his neighbour, who allegedly attempted to flee but left behind his purse, identity card, and driving license, which were subsequentl