Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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  • The Delhi High Court has recently held in the case of Jindal Kumar v. The State (govt of Delhi) that subjecting a citizen to police scrutiny such as verification of personal documents without any good reason would entail a serious invasion of his right to privacy.
  • The bench made the observation while dealing with a plea filed by a complainant seeking directions on the Delhi Police to make enquiry for correct identification of a private person, after both the parties partook in an argument.
  • The petitioner’s case was that the respondent in the kalandra proceedings was using different names and identities and therefore the police must uncover his true identity.
  • Hence, the plea sought guidance on the Delhi Police to make an enquiry with respect to Aadhaar Cards, Voter Cards, Driving License and Pan Cards existing in the name of various names which are allegedly being used by the respondent individual.
  • The provision states that when an Executive Magistrate receives any such plea and is of opinion that there is sufficient ground for proceeding, he may require such person to show cause for why he should not be ordered to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
  • On behalf of the State, it was submitted that the petitioner was a regular complainant and that a kalandra was taken against the petitioner.
  • To this, the counsel appearing on behalf of the petitioner had submitted that he was not a regular complainant, however, he did admit that the kalandra was initiated against both the parties, which was later disposed of. In spite of this, the petitioner insisted that no action was taken on his complaint.
  • Finding no merit in the petition, the Court dismissed the petition holding that, to subject a citizen to police scrutiny including verification of his personal documents without adequate cause, other than the whimsical demand of the petitioner would entail a serious invasion of the respondent's right to privacy.
     
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