MOHD. SALIM Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure seeking quashing of the order dated 1st August 2009 passed by ACMM, New Delhi under Section 156(3) of the Code of Criminal Procedure directing registration of FIR on a complaint filed by one Mohd. Rafique.

(2.) An FIR bearing No. 624/2005 under Section 302/34 of IPC was registered at Police Station Shahdara on 22nd December 2005, on the complaint filed by the petitioner regarding murder of his brother Mohd. Rashid by four persons including Mohd. Rafique, on whose compliant, the impugned order has been passed. Chargesheet against four persons including Mohd. Rafique was filed on 16th March 2006 and the case is pending trial before the Court of Sessions.

(3.) In his complaint, filed on 21st July 2006, Mohd. Rafique alleged that on 22nd December 2005, when he was sitting in the house of his sister Aamna, at about 9 PM, he came out hearing some noise and found some boys abusing each other. He further alleged that when he objected to this, deceased Mohd. Rashid intervened by asking as to whether the road belonged to his father. This, according to the complainant, was followed by exchange of hot words and the associates of Mohd. Rashid, including one Aarif, also threatened him with dire consequences. Mohd. Rashid thereupon asked a boy to call his brother. Within about 5 minutes, two accused named in the complaint, namely Ansar and Salim, along with some other persons reached there and started abusing the complainant. All of them were having weapons in their hands, Ansar being armed with an iron Kataar, Salim being armed with a knife, Rashid with a Karchi and Aarif having an iron Saria. According to the complainant, they all tried to assault him and their associates also gave fist and kick blows to him. He further alleged that when accused Ansar and Salim tried to assault him, someone caught hold of him, and on seeing them, he somehow saved himself, but, Ansar and Salim were not able to stop their hands and caused injuries to Rashid, from their knife and Kataar. It was further alleged in the complaint that, thereafter, the accused in the complaint took Rashid to hospital after threatening the complainant, who himself received a number of injuries at the hands of accused persons. The police came to the spot and took the complainant to GTB hospital and got him admitted there. In the hospital also, the complainant was beaten by the accused persons and was saved from them by the police officials. Since Rashid was declared dead, the police registered a case under Section 302/34 of IPC against complainant and others but, they did not register any case against the accused persons.