Petitioner Granted Leave to Amend Writ Petition in Police Enquiry Challenge.


03 April 2025 Police Action >> Criminal Law  

The Delhi High Court has partially allowed an application filed by Ajay Gautam, permitting him to amend his writ petition. The petition, originally filed under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973, sought a declaration that the police's enquiry/investigation procedure following a Metropolitan Magistrate's order for an Action Taken Report (ATR) was arbitrary, illegal, and unconstitutional.

The core of the petitioner's grievance lies in a protracted police enquiry, spanning over 650 days, which was initiated on the directions of the Metropolitan Magistrate in a complaint under Section 156(3) Cr.P.C.. This enquiry eventually concluded with a report stating no cognizable offense was disclosed, and the Section 156(3) Cr.P.C. application was dismissed on October 10, 2018.

 
 

Initially, the writ petition sought a general declaration regarding the illegality of the Delhi Police's enquiry procedures under Section 156(3) Cr.P.C. and requested guidelines for such enquiries, including maximum time periods for filing ATRs and deciding applications.

The petitioner sought to amend the prayers to specifically challenge the investigation against him and his wife in connection with DD No. 38 B, dated December 5, 2015, and in compliance with the Metropolitan Magistrate's order dated May 14, 2016. He also sought compensation from the police and the Government of NCT of Delhi for alleged violation of privacy, harassment, humiliation, and disturbance to his life over 650 days due to this "illegal investigation".

The Court has permitted the amendment to incorporate the specific prayers challenging the investigation as arbitrary, illegal, and ultra vires, and the prayer for compensation. However, the Court deemed the requests for strictures against the Station House Officer (SHO) of Police Station Dabri, specific investigating officers (ASI Suresh Kumar, SI Sanjay), and Metropolitan Magistrate Sh. Sidarth Malik as "completely unwarranted" and a "prerogative of the Court" that cannot be demanded as a prayer by the petitioner.

The petitioner has been directed to file the amended petition within 15 days, with a copy to the opposite counsel, who may file a reply within 15 days. The respondents are to file a counter affidavit to the amended petition within four weeks. The case is now listed for September 3, 2025.


Section 156., Code of Criminal Procedure - 1973  

Section 482., Code of Criminal Procedure - 1973  

Code of Criminal Procedure, 1973