(1.) This petition arises from the judgment and order passed by the High Court of Delhi dtd. 12/9/2024 in Writ Petition (Criminal) No. 2047 of 2013 and connected Criminal Miscellaneous Application No. 18861 of 2013 by which the writ petition along with the connected application came to be rejected, thereby affirming the order dtd. 28/11/2018 passed by the Chief Metropolitan Magistrate directing registration of the FIR against the petitioner-herein for the offence punishable under Ss. 186 and 341 respectively of the Indian Penal Code, 1860 (for short, "I.P.C.").
(2.) It appears from the materials on record that the respondent no. 2 herein at the relevant point of time was serving as a Process Server, Nazarat Branch, Shahdara. He was assigned the duty to serve warrants and, in this connection, he had to visit the Nand Giri police station on 3/10/2013. It is the case of the respondent no. 2 that few police officials, more particularly, the petitioner-herein misbehaved with him when he insisted for a receipt of the summons. According to him, he was detained in the police station till 4:30 PM. It is only after the arrival of the Head Constable that the warrants were accepted.
(3.) The respondent no. 2 brought the alleged misconduct on part of the petitioner to the notice of the District and Sessions Judge of Shahdara in the form of voluntary obstruction said to have been caused in the discharge of his public functions. The District and Sessions Judge assigned the complaint to the Administrative Civil Judge who in turn lodged a private complaint in the court of the Chief Metropolitan Magistrate, Karkardooma Courts, Delhi.
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