CW-2001-0006DelhiJudgment 21 August 2001

Delhi Police Constable and others v. Commissioner of Police & Ors.

The Delhi High Court dismissed the writ of two Delhi Police constables dismissed from service in July 1993 without enquiry under Article 311(2)(b) on a gang-rape charge (FIR 289/93). After the Trial Magistrate discharged them in 1996 for want of prima facie evidence, they sought reinstatement invoking Rule 12 of the Delhi Police (Punishment & Appeal) Rules, 1980. The Court held a pre-trial discharge is not an acquittal and Rule 12 was inapplicable, sustaining the CAT dismissal of their plea. Caveat: the dismissal was upheld purely on this Rule 12 legal point; there is no merits finding on the rape charge itself. Matters not addressed in the cited judgment text are not recorded here.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 21 August 2001, the Delhi High Court (Coram: M. Khan, Sharda Aggarwal, JJ.) upheld the disciplinary action taken against 2 police personnel, namely: Constable, Delhi Police; Constable, Delhi Police.

Register number
DL 00 CW 0009
Case reference
93 (2001) DLT 563; 2002 (61) DRJ 583
Court and date
Delhi High Court (Coram: M. Khan, Sharda Aggarwal, JJ.), 21 August 2001
Officer(s) at the material time
Constable, Delhi Police; Constable, Delhi Police
Present service status
Recorded in the cited sources as dismissed from service.
Provisions invoked
Section 366 of the Indian Penal Code, 1860; Section 376 of the Indian Penal Code, 1860; Section 506 of the Indian Penal Code, 1860
Finding of the Court (extract)
“We accordingly hold that order of discharge in a criminal case does not amount to an order of acquittal.” (at para 8)
Verdict, sentence and quantum
Disciplinary action upheld. Sentence: dismissal.
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Delhi High Court judgment dated 21 August 2001 is the concluded position shown in the cited sources.

Recorded allegations

1
OtherPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“We accordingly hold that order of discharge in a criminal case does not amount to an order of acquittal.” (para 8)

Institutional response

1
21 Aug 2001

Order issued

Concluded
Delhi High Court External · Binding

The Delhi High Court upheld service punishment imposed on police personnel.

Disciplinary action · Procedural only.
Source: 93 (2001) DLT 563; 2002 (61) DRJ 583
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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