Virender @ Raju v. State of Delhi

ORDER %

22.11.2011 By this petition the Petitioner seeks directions to register FIR under Section 409 IPG against the Police officers for criminal breach of trust for havingwillfullysuppressedthe facts of the case from the Courtwhich they were legallyboundto file. Accordingto the Petitionera case under Section 7/13 Preventionof CorruptionAct (in short POG Act) was registeredvide FIR No. 39/95 on the complaintof the brotherof the Petitioner. On 13^'' February,2000 the Petitionerand his familymemberswere robbed. On 15'^ February,2000 a case FIR No. 60/2000under Section341/354/323/506/34 IPG was registeredinstead of 392/397 IPG at P.S. Timarpur. It is further W.R(CRL)1094/2011 contended that to settle old scores the Police officer hatched the conspiracy with the neighbours of the Petitioner and implicated the Petitioner in a false case being FIR No. 308/2000. The Police Officers have deliberately filed a Challan, without filing the true facts. In view of the fact that a false case has been instituted against the Petitioner in the year 2000, the Petitioner now wants registration of the FIR against the Police officers. On a notice being issued status report has been filed. As per the status report,on 11"^ August,2000 on the complaintof Shri RajanBharticase FIR No. 308/2000 under Section 323/341/308/34 IPG was registered at P.S. MukherjeeNagar against the Petitionerallegingthat on lO'*^ August, 2000 while the complainantwas coming out of his house, the Petitioner abused and beat him. The Petitioner herein injured the complainant on his head ^ with a brickresultingin injurieson his head. As per the complainantwhen the room mates of the complainant came to save him, the Petitioner attacked room mates Ravi Ranjan Kumar and Alok with a Sua. Further brother of the Petitioner i.e. Ramesh also gave a thapi blow on the head of the Alok which when stoppedby Alok with his hainds resultedin fracture of his hands. The sister and father of the Petitioner also gave beatings to them. Thus on registrationof FIR investigationwas carried. After recordingthe statement W.R(CRL)1094/2011 s of the witnesses necessary charge-sheetwas filed which is pending trial. Whether FIR No. 308/2000 is a false case or not has to be determined by the Learned Trial Court before whom the trial is pending. This Court in a writ petition under Article 226 of the Constitution will not evaluate the truthfulnessor falsityof the allegationsmade in the charge-sheet. In view of these facts no orders can be passed that FIR No. 308/2000 r and the trial thereon is false and fabricated. The nextprayerof the Petitioneristhatsincethe InvestigatingOfficer withheld the material documents before the Learned Trial Court during trial, a case under Section 409 IPC should be registered against him. In case material documents have been withheld, the Petitioner would be at liberty to prove the same before the Learned Trial Court by adducing the said documentsat appropriatestages. Moreoveras held by the Hon'ble Supreme Court in GangadharJanardan Mhatre v^. State of Maharashtra and Ors., 2004 (7) see 768, Minu Kumari&Anr. v/s State ofBihar & Ors (2006) 4 see 359 andAlequePadamsee& Ors v/s UOI& Ors, 2007 (6) See 171, in case no FIR is registeredthe Petitionerhas the libertyof filing a complaint case before the Learned Metropolitan Magistrate for redressal of his grievanceand in view ofthe alternateremedy availablethe presentpetition W.P.(CRL)1094/2011 is not maintainable. Petition and application are dismissed. Order dasti. MUKTA GUPTA,J NOVEMBER 22,2011 'ga' W.P.(CRL) 1094/2011 page 4 of4

I $^39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL)1094/2011&Crl.M.A.9216/20i1(stay) VIRENDER @ RAJU Petitioner Through Petitioner in person. versus STATE OF DELHI Respondent ^ Through Ms. Urvi Kuthiala for Mr. Rajesh Mahajan, ASC for State with ASI Ram Gopal PS Mukherjee Nagar. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA