Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: CNR No. DLCT11-000984-2026
SC No. 20/26
FIR no. 411/20
State Vs. Mukesh @ Puneet and anr
05.10.2026
Present: Sh. Neeraj Madhup, Ld. SPP for the State.
Accused Mukesh @ Punit and accused Pardeep @
Guri produced from JC.
Ld. Proxy Counsel for accused persons through
video conferencing.
Addl. DCP Sh. Lokeshwaran, Addl. DCP Sh.
Ravinandan B.M., Addl. DCP Sh. Rishi Kumar are present along
with IOs ACP Rakesh Kumar, ACP S.K. Gaur and ACP (Retd.)
Vipin Kumar are present.
ACP Vivek Bhagat sent his request for today.
Considered the last orders as well as report of DCP
concerned as has been received today, however, I am constrained
to observe that the report of DCP concerned is absolutely evasive
and far from being satisfactory.
As far as accused Mukesh @ Punit is concerned,
MCOCA was invoked against him, the present FIR was
registered on 17.09.2020. At the time when the MCOCA was
invoked against him he was involved in around 20 FIRs
including two FIRs of murder, one FIR of attempt to murder in
addition to the robbery, dacoity etc. After invoking of MCOCA
he was involved in 8 more FIRs including murder, attempt to
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murder, robbery, kidnapping etc. from 2021 till 2024. Mukesh @
Punit was only arrested on 09.02.2026 by ACP Rakesh Kumar,
after the investigation was marked to him on 25.09.2025. Hence
before ACP Rakesh Kumar none of the IOs made any efforts to
arrest the said accused. A query was raised on the last date of
hearing as to what was the status of accused Mukesh @ Punit
when MCOCA was invoked against him in 2020 i.e. whether he
was on bail or he was in JC and similarly what was his status till
his arrest on 09.02.2026, however, the report of DCP is
absolutely silent on this aspect.
Similarly, Pradeep @ Guri, at the time when the
MCOCA was invoked against him, was involved in numerous
cases including murder, robbery etc. In fact as per the charge
sheet he committed number of heinous offences in the year 2020
after invoking of MCOCA. Furthermore, he was involved in two
other FIRs registered in the year 2024. Yet he was arrested only
on 16.04.2026. Hence just like accused Mukesh @ Punit the said
accused kept indulging in criminal activities even after invoking
of MCOCA.
It was also observed vide the last orders that the
investigation in the present matter is still pending and atleast 3
more accused persons namely Vinod @ Sonu @ Praveen @
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Khalifa, 2. Pardeep @ Anil @ Salamuddin and 3. Vikas @ Vikcy
@ Pankaj are yet to be arrested and the investigation qua them is
still to be concluded despite lapse of more than 6 years. The
report is also silent as regards the other involvements of these 3
accused persons. The observation of this court vide the last order
are as under:-
“It is also noteworthy that MCOCA was invoked in
September 2020 and accused persons were arrested only in
February 2026. Further it emerges from the record that
accused persons continued to be involved in other criminal
activities during this period of around 5 and ½ years (till
the time of their arrest after invoking MCOCA). Let details
of those cases in which accused persons were involved/are
involved be filed and the explanation of the IOs who
investigated the present matter be also called, duly
forwarded by the Joint Commissioner of Police along with
his comments as to why after invoking MCOCA the
accused persons were not arrested especially when they
were involved in other cases and running in custody.
Enormous delay in investigation and filing of
charge sheets, as is well known, effects the trial immensely
as crucial evidence gets lost and witnesses tend to loose
their memory. Also one of the purpose of invoking
MCOCA is to curb organized crime, however, if the
accused persons, despite invoking MCOCA keep roaming
free, are not arrested for the period of 6 years and most
importantly keep indulging in criminal activities then the
entire rational behind invoking MCOCA gets frustrated, is
rendered futile.”
The report of the DCP, Outer North District is
absolutely perfunctory and mere eyewash. The report failed to
address the query raised by this court and though the lapses as
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well as the considerable delay in the investigation is writ large
from the record still the Addl. DCP- 1, Outer North District said
that “
the police officials have made best efforts in the present
case and are still making their best efforts”. If according to Addl.
DCP this is the best effort then this court has nothing more to say.
Perhaps the Addl. DCP is insensitive to the
legislative intent behind MCOCA. MCOCA was enacted to put
halt to the menace of organized crime which posed/possesses a
serious threat to the civil society. It is a special legislation aiming
at preventing, controlling and coping with the criminal activities
of an organized crime syndicate or a gang. However, if despite
invoking the stringiest provisions of MCOCA, the accused
persons are allowed to roam free, commit heinous offences,
including murder as per their whims & fancies then the same
defeats the legislative intent behind the said statue. But for the
fact that the accused persons were not arrested, the crimes could
not have been committed by them, especially after MCOCA was
invoked against them. Investigation undoubtedly is the sole
prerogative of the investigating agencies and the agency also has
discretion when it comes to arrest accused persons but once
somebody is alleged to have committed numerous heinous
offences but is still not arrested then it not only emboldens him to
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commit further crimes but it further sends an extremely wrong
message to the society. The claims of
“Best Efforts” of Addl.
DCP is nothing short of mockery. In fact in his report the DCP,
Outer North District made reference to a circular dated
11.07.2024 issued the Police Headquarter, Delhi for expeditious
investigation and timely arrest of accused persons so as to
prevent them from committing, getting involved in further
criminal activities, yet 6 years during which the accused persons
were not arrested, investigation qua them not completed, the
same gave the accused persons more time & opportunity to
commit more crimes. It seems that the Addl. DCP feels/opines
that he is not answerable to either the court or the general public
who has all this while borne the brunt of the criminal activities of
the crime syndicate. Such lackadaisical approach is absolutely
unacceptable. Of all the IOs in the present matter it seems it is
only ACP Rakesh Kumar who has made efforts in the right
direction. Investigation remained with the number of IOs for a
considerable time yet the efforts to bring the FIR to a logical end
began only after 5 and ½ years.
Therefore and when this court is of the opinion that
the matter has not been brought to the notice of the
Commissioner of Police, Delhi, this court deems it fit to send the
copy of present order to Commissioner of Police, Delhi because
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it calls for a detailed inquiry and appropriate action against all the
erring officials/IOs for considerable delay in investigation and
most importantly for not working in sync with the intent of the
statue which permitted more crimes to happen. Let report be
called from his office accordingly for next date of hearing. It is
also expected that the investigation shall be concluded at the
earliest without any further delay. Joint Commissioner of Police
shall remain present in person on the next date of hearing along
with the report and his comments. Copy of this order handed
over dasti to IO ACP Rakesh Kumar to be handed over to the
office of Commissioner of Police, Delhi.
Relist the matter now on 13.10.2026.
(Gaurav Rao)
Special Exclusive Court 13 (MCOCA)
Rouse Avenue Courts,
New Delhi/05.10.2026
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