RAJIV GUPTA Vs. STATE

JUDGEMENT

(1.) By this petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondent No. 5 to arrest his father (respondent No. 4) in connection with the Case FIR No. 93/98 under Sections 380/ 406, Indian Penal Code registered at the Police Station Nazafgarh.

(2.) It is undisputed that the respondent No. 4, Mr. L.R. Gupta, Senior Advocate, for this Court is father of the petitioner. Respondent No. 2, Sanjay Gupta is the younger brother of the petitioner and respondent No. 3 is the wife of respondent No. 2. On 7.3.1998, the petitioner lodged a report at the Police Station Nazafgarh charging Mr. L.R. Gupta with having committed theft of his firearms as well as the arms licences. Consequently, FIR No. 93/98 under Sections 380/406, Indian Penal Code was registered at the Police Station Nazafgarh. According to the petitioner, on 19.3.1998 the said firearms as well as licences were recovered from the bedroom of his father (respondent No. 4). After recovery of the alleged stolen property Inspector Mahesh , Kumar attempted to arrest the respondent No. 2 but he was wrongfully prevented from. doing so by the Police Commissioner, Delhi. The petitioner, therefore, seeks direction for arrest of the respondent No. 4.

(3.) By the order dated 3.8.1998, show cause notice was issued to the respondent No. 5 only. Mr. P.K. Bhardwaj, Deputy Commissioner of Police, South-West District New Delhi has filed his counter affidavit stating therein that during investigation the firearms and the licences were recovered from a portion of the premises No. 6, Anand Lok in which the petitioner earlier used to reside and further, according to the statement of the respondent No. 4, the firearms and the licences were kept in the portion of the said house which was in occupation of the petitioner. He further stated that the investigation is in progress and after completion thereof the report will be submitted before the Court concerned embodying the result of the investi- gation.