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2025 DAILYLAW 52577 (DEL)

SUBHAJIT DUTTA v. THE STATE NCT OF DELHI AND ORS

LPA/717/2025 · 2025-12-05

Devendra Kumar Upadhyaya, Tushar Rao Gedela

body2025

Judgment text

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$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 717/2025 SUBHAJIT DUTTA .....Appellant Through: Appellant in person. versus THE STATE NCT OF DELHI AND ORS .....Respondents Through: Mr. Ripudaman Bhardwaj, CGSC alongwith Ms. Pragati Trivedi and Mr. Kushagra Kumar, Advocates for UOI. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA O R D E R % 17.12.2025 CM APPL. 79402/2025 (Exemption) 1. Exemption is allowed, subject to all just exceptions. 2. The Application is disposed of. CM APPL. 79403/2025 (leave to appear in person) 3. For the reasons stated in the application, the same is allowed. 4. The Application is disposed of. CM APPL. 79401/2025 (seeking recall of judgment dated 05.12.2025) 5. Present application has been filed by the Appellant in person seeking recall of the judgment dated 05.12.2025, passed by this Court in the instant LPA. 6. The applicant/appellant in person has attempted to re-argue the appeal itself, which is not permissible under the instant application. However, after hearing the applicant, it appears that this Court in para 8 of the judgment dated 05.12.2025 while recording the submission has noted a fact incorrectly, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/12/2025 at 12:37:54 to which the applicant has drawn our attention. 7. The original para 8 reads as under:- “The appellant further submitted that the certain subordinates of the respondent no.2/Commissioner of Police, Delhi forcibly kidnapped the appellant from the Paharganj Side of the New Delhi Railway Station for ransom, and also committed dacoity of all his valuables, and threatened to kill him, all without showing any documents or stating any reason. Thereafter, he was produced before the learned court of the respondent no.4/Judicial Magistrate First Class, South Delhi, Saket, without legal aid, without proper hearing and without examination of his credentials; and was remanded to the judicial custody, following which he was sent to Tihar Jail. He also submitted that after his release from the Tihar Jail, he was again kidnapped from the same location when he had gone to report the incident at the New Delhi Police Station. He submitted that from 24.04.2025, he has filed several formal complaints before the SHO, New Delhi Police Station.” 8. The applicant brings attention of this Court to the statement from the writ petition bearing W.P.(Crl) No.3258/2025 filed by the applicant before the learned Single Judge, which reads as under: “(iv) That on 23.04.2025,the petitioner in-person was ultimately released from the Tihar Jail No. 02, Delhi with his custody certificate(dated, 23.04.2025) provided by the prison authorities concerned and other personal items and first directly reached the New Delhi Railway Station's Paharganj side, from where he was kidnapped for ransom on 17.03.2025 (as described earlier) only to verbally and instantly report the entire episode before the local New Delhi PS and the GRP office attached with the Paharganj side of New Delhi Railway Station.” 9. He states that his statement with respect to having been kidnapped is the correct statement, and the sentence following the said statement conveying that he was kidnapped again while he was on his way to the police station, is not factually correct. He further states that he had gone to the police station to report the incident about his kidnapping at the first instance, however, he had not made any submission that he was kidnapped yet again, and therefore, he prays that the said fact be recorded correctly. 10. Having heard the applicant, we deem it appropriate to carry out the This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/12/2025 at 12:37:54 rectification in para 8 to the extent of recording an incorrect statement of fact. Therefore, corrected/amended para 8 reads as under: “The appellant further submitted that the certain subordinates of the respondent no.2/Commissioner of Police, Delhi forcibly kidnapped the appellant from the Paharganj Side of the New Delhi Railway Station for ransom, and also committed dacoity of all his valuables, and threatened to kill him, all without showing any documents or stating any reason. Thereafter, he was produced before the learned court of the respondent no.4/Judicial Magistrate First Class, South Delhi, Saket, without legal aid, without proper hearing and without examination of his credentials; and was remanded to the judicial custody, following which he was sent to Tihar Jail. He also submitted that after his release from the Tihar Jail, he had gone to report the incident at the New Delhi Police Station. He submitted that from 24.04.2025, he has filed several formal complaints before the SHO, New Delhi Police Station.” 11. A corrigendum of the corrected para 8 of the judgment dated 05.12.2025 be issued. 12. In view of the aforesaid, the instant application is partly allowed and stands disposed of. DEVENDRA KUMAR UPADHYAYA, CJ TUSHAR RAO GEDELA, J DECEMBER 17, 2025 rl This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 22/12/2025 at 12:37:54