LALITA PHARTIYAL vs DELHI POLICE THROUGH COMMISSIONER OF POLICE & ORS.

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on 21st August, 2025 Pronounced on: 07th November, 2025 + W.P.(CRL) 2353/2021 LALITA PHARTIYAL W/O Late Link Dinesh Phartiyal Vill. Pilkholi, P.O.- Pilkholi (Ranikhet) Distt. Almora, (Uttarakhand). .....Petitioner Through: Mr. Shiva Nand Mishra, Adv. versus 1. Delhi Police Through Commissioner Of Police Mso Building, Ip Estate, New Delhi. 2. Ministry Of Home Affairs Through Secretary North Block, New Delhi. 3. Chief Of Army Staff South Block,New Delhi-11000l 4. Central Bureau Of Investigation Through CBI Director, Plot Noo 5-B, 6th Floor,Cgo Complex, Lodhi Road,New Delhi. 5. Commanding Officer 16 Kumaon, C/0 56 APOO. .....Respondents Through: Ms. Rupali Bandhopadhya, ASC with Mr. Abhijeet Kumar and Ms. Amisha Gupta, Advs. Mr. Ripudaman Bhardwaj, CGSC for UOI. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA W.P.(CRL) 2353/2021 Signature Not Verified Page 1 of 18 Signed By:VIKAS ARORA Signing Date:10.11.2025 16:10:43 J U D G M E N T NEENA BANSAL KRISHNA, J. 1. Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as „Cr.P.C.‟) has been filed on behalf of the Petitioner/Lalita Phartiyal for appropriate directions for a Court monitored investigation in the alleged murder of her son, Lance Naik Dinesh Kumar Phartiyal. 2. Briefly stated, deceased Lance Naik Dinesh Kumar Phartiyal No.4198416-Y was serving in the Indian Army and was posted to 16 Kumaon located at Uttarakhand. On 03.09.2017, the deceased was illegally routed by Respondent No.5 Commanding Officer to work as a buddy of law qualified officer Colonel Ajay Yadav (now Retired) till 08.01.2018 at his residence 13 Church Road, Delhi Cantt., New Delhi, against his wish. While