Devendra Kumar v. The State (NCT of Delhi)

Devendra Kumar v. The State (NCT of Delhi)

In October 2013, Devendra Kumar, when he was in the position of SHO at Nand Nagri Police Station, Delhi, was charged with obstructing the activities of process server, Ravi Dutt Sharma, on 3 October 2013. Harma asserted that Kumar abused him verbally and illegally detained him, and he delayed accepting summons and warrants of the court issued against him. Complaint: Sharma had to file a complaint, and in turn, the Chief Metropolitan Magistrate (CMM), Karkardooma Courts, Delhi, directed the registration of an FIR against Kumar under Sections 186 (obstructing a public servant) and 341 (wrongful restraint) IPC. Kumar appealed (Writ Petition) against this by approaching the Delhi High Court, which upheld the decision of the CMM. Next, he addressed the Supreme Court in a Special Leave Petition. On 20 August 2025, the Supreme Court affirmed the order of the High Court and commented that the claims, in case evidence criterion, amounted to an offence under Section 186 IPC and set the case for trial. The Court has underscored the significance of taking note of the responsibilities of the public servants and also sticking to the procedural protection.