Interim Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CNR No. DLCT11-001177-2025
CC No. 38/2025
FIR No. 07/2017
PS : Nand Nagari
State Vs HC Yogender
18.04.2026
Present : Sh. Ravindra Kumar, Ld. Chief PP for State.
ACP Surender Singh Rathi, SDPO, Nand Nagri is present
on behalf of DCP, North-East District, Delhi.
1) One closed envelope containing status report under the signature
of DCP, North-East District, Delhi alongwith office note dated
1104.2026, is placed on record.
2) On the instructions from ACP, Nand Nagari, Ld. Chief PP for
State has submitted that Show Cause Notice has been issued to
Insp. Virender, No. D-4425 and a letter has been sent to DCP,
Crime Branch, with request to take necessary departmental
action against SI Amit, No. D-842, who has since been
transferred from North-East District to Crime Branch.
3) On specific query of the Court, ACP Nand Nagari has fairly
conceded that neither copy of SCN issued to Insp. Virender, nor
copy of letter sent to DCP, Crime Branch, is annexed alongwith
the status report filed before the Court today.
4) In the interest of justice and on the request of ACP, Nand
Nagari, he is granted time to place the relevant documents on
record, as also the final outcome, if any, of SCN issued to Insp.
Virender and departmental action, if any, taken against SI Amit,
by concerned DCP, Crime Brranch, on or before next date.
5) ACP, Nand Nagari also seeks and is granted time to examine the
relevant rules as regards the appropriate/suitable action, which
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can be taken against IO/ ACP J.S. Mehta (since retired) and to
submit his report in this regard on the next date.
6) Arguments on the point of cognizance heard in the light of
material available on record. File perused.
7) In brief, it is alleged in the chargesheet that during the
intervening night of 25/26.11.2016, a PCR call vide DD No.
10B dated 26.11.2016, was received at PS Nand Nagari, which
was entrusted to SI Sonal Raj for necessary action. Accordingly,
SI Sonal Raj alongwith HC Vijender reached reached at the spot
i.e. Tahirpur T-Point, Nand Nagari, Delhi, where PCR vehicle
Baker-44 was found stationed. HC Mahesh Dutt (gunman) and
HC Yogender (driver)(accused herein), Ct. Sunil (I.C.B.-44) and
one public person namely Sh. Shakeel (driver of Tata Magic
bearing registration no. DL-1L-W-3322) were found present at
the spot. HC Yogender and HC Mahesh Dutt were found in
injured condition and thus, both were medically examined at
GTB Hospital and their respective MLCs were collected. On the
MLC of HC Mahesh Dutt recited history of physical assault at
02:00 am at Tahirpur.
8) SI Sonal Raj recorded statement of Sh. Shakeel, wherein he
interalia stated that while he was coming from Gazipur Mandi
during the intervening night of 25/26.11.2016 and reached at
Tahirpur Red Light at about 02:00 am, the driver of PCR Van
gave him signal to stop the vehicle. Accordingly, he stopped the
vehicle and alighted from it and went near the driver of PCR
Van, whose name, later on, was revealed as HC Yogender
(accused herein), who demanded entry of Rs.50/- from him.
When he handed over the GC note of Rs.50/- to HC Yogender,
HC Mahesh Dutt came to HC Yogender and enquired as to why
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he had taken money from driver of Tata Magic vehicle and
ultimately, heated arguments exchanged between them, during
which, HC Mahesh Dutt gave abuses to HC Yogender, on
which, HC Yogender took out Danda kept in PCR Van and gave
blow on the hand of HC Mahesh Dutt. On the basis of said
statement, the present FIR came to be registered u/s 7/13 PC Act
and 186/332/353 IPC, at PS Nand Nagari and investigation was
entrusted to ACP Sushil Tyagi.
9) It is further the case of prosecution that during investigation, IO
recorded statements of witnesses; collected PCR calls; copies of
Duty Roster dated 25.11.2016 from PCR Unit and final opinion
on MLCs of both the injured persons, as per which, nature of
injuries was opined to be ‘simple’.
10) It is further the case of prosecution that accused HC Yogender
was previously involved in case FIR No. 3/2015, u/s 7/13(1)(d)
of PC Act, PS Vigilance and was dismissed from services, vide
order dated 24.01.2018. Accused was got joined in the
investigation and he was interrogated by the IO. On 13.03.2024,
complaint u/s 195 Cr.P.C. for prosecution of accused was
received from Legal Cell of PCR Unit, whereafter, IO requested
for sanction u/s 19 of PC Act against accused, which was
granted by the Competent Authority on 19.04.2025. Thereafter,
IO also applied for grant of prosecution sanction u/s 197 Cr.P.C.
qua accused, which was ultimately granted on 30.05.2025. .
11) Ld. Chief PP for State has submitted on the lines of allegations
appearing in the chargesheet and has referred to the documents
filed therewith. He drew attention of the Court to the complaint
u/s 195 Cr.P.C., as also to the MLC of injured HC Mahesh Dutt,
sanctions u/s 197 Cr.P.C. and Section 19 of PC Act for
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prosecution of accused, as accorded by the concerned
Authorities and have been filed with the chargesheet.
12) After considering the overall facts and circumstances of the
present case, the submissions made on behalf of State and the
documents filed alongwith chargesheet, and in view of the
discussion made herein before, Court finds that there is
sufficient material, which discloses commission of offences
punishable u/s 186/332/353 IPC; and 7/13(1)(d) r/w S. 13(2) of
PC Act (unamended PC Act, 1988). Hence, cognizance of said
offences is hereby taken.
13) Record shows that accused was not arrested during the course of
investigation. Let the accused namely HC Yogender be
summoned for 06.05.2026.
(Vidya Prakash)
Special Judge, PC Act (ACB)-01
RACC, New Delhi.
18.04.2026(a)
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