TaxTMI 
TaxTMI 
2024 (7) TMI 1589
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....red at PS: Civil Lines. 2. In brief, as per case of the prosecution, complainant alleged that on 13.05.2024 about 9:00AM, she had visited the residence of Chief Minister of Delhi at 6, Flag Staff Road, Civil Lines, Delhi. On reaching, she went inside the Camp Office and called Chief Minister's PS Bibhav Kumar (petitioner) but could not get through, whereupon she sent him a message on his mobile number through WhatsApp. Thereafter, she entered the residential area through main door of CM house as done in the past, since petitioner was not available and informed the staff present to tell the Chief Minister that she had come to meet him. She was informed that CM was present in the house and told to wait in the drawing room. Accordingly, she sat in the drawing room, when suddenly Bibhav Kumar (petitioner) barged into the room and without any provocation, started screaming and abusing her. When complainant asked him to stop and call the CM, he kept saying ''तू कैसे हमारी बात नहीं मानेगी? कैसे नहीæ....
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....sked by security personnel to leave at the behest of the petitioner and taken outside the Chief Minister's Office, wherein she sat briefly on the floor outside his house being in deep pain. Further, being in a dazed position, complainant walked towards her previous residence in Civil Lines though the PCR reached the spot. The police personnel who had accompanied her called an auto at her request and she started towards her house. Complainant further alleged that somehow she mustered strength and asked the auto to head to PS: Civil Lines to report the matter and informed the SHO about the incident. However, being in terrible pain and since she started receiving lots of calls from media and not wanting to politicize the incident, she left the police station without filing the complaint. The complaint was finally lodged by the complainant after a gap of three days on 16.05.2024 leading to registration of present FIR. Submissions on behalf of the petitioner 3. Learned counsel for the petitioner submits that allegations levelled by the complainant against the petitioner are false and fabricated and FIR was registered after deliberations only on 16.05.2024, after delay of three day....
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....en respectfully brought out of CM residence. Submissions on behalf of the State 7. On the other hand, application has been vehemently opposed by Shri Sanjay Jain, learned Senior Advocate for the State. He submits that alleged report given by Deepak Dikshit, Assistant Section Officer posted at Chief Minister's Residence Office on 13.05.2024 is not a part of investigation made by the police, since a copy of the same was not forwarded to the IO. Further, security violation, if any, had to be immediately reported by the concerned official to the police personnel posted at the Chief Minister's Office, instead of forwarding a report to the Section Officer. On a query by the Court, learned counsel submits that aforesaid report by Deepak Dikshit would also be further looked into and informs that chargesheet shall be filed within stipulated period in the coming week. 8. Learned senior counsel for the State further submits that petitioner being a powerful functionary in the Chief Minister's Office, is in a position to tamper the evidence and influence the witnesses. He points out that selective portion of CCTV footage was handed over in a pen drive to the Investigating Agency by the....
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....ed by grant of bail. 12. Allegations of assault at the Chief Minister's Office cum Residence made by the complainant(a sitting Member of Parliament) against PS to the Chief Minister, cannot be disbelieved merely on account of delay in registration of FIR, since the events unfolded after the incident, reflect that complainant was in a traumatized condition faced with the unprovoked brutal assault. Complainant would not have herself made a call on 112 during the course of assault, in case no such incident had occurred. The utterances made by the petitioner during the course of assault as reflected in FIR, reflect that there was a deeper conspiracy or motive to be achieved. Since the complainant herself is a dignified member of a political party, she had second thoughts to lodge the complaint, considering the powerful position of the petitioner. As such, despite mustering the courage to visit the police station on the same day and informing the SHO, complainant returned without lodging the FIR. In the peculiar facts and circumstances, it may be preposterous at this stage to infer that petitioner has been falsely implicated and allegations have been concocted, since apparently the c....