RAKESH DHAWAN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Present petition was filed by the petitioner with the prayer that the Court should give directions to respondent to protect the life and liberty of the petitioner and his family members and that the Court should also direct the respondent to register an FIR against the accused persons named in the complaints dated 10th June, 2008 and 11th August, 2008 under Section 406, 419, 420, 467, 468, 471 & 506 of IPC read with Section 120-B thereof and action should be taken against the police officials for not registering the FIR. When the petition was taken up on 23rd April, 2009, this Court gave

(2.) directions in respect of prayer seeking protection and directed the respondent to ensure that no physical harm was caused to the petitioner. Regarding complaints, directions were given to the respondent to file Action Taken Report/Status Report. It was reported to the Court by the respondent (State) that the matter was referred to vigilance department of Central District and the inquiry was being conducted into the allegations made by the petitioner.

(3.) Status Report filed by the respondent shows that the allegations were made by the petitioner regarding the forging of a resignation letter. The petitioner is a member of a Trust and the petitioner's contention was that he had never resigned from Governing Body of the Trust, however, a forged resignation letter was prepared by some of the persons and he was shown to have resigned from the Trust. The respondent (police) referred the resignation letter to FSL and the report of FSL showed that resignation letter dated 13 th August, 2006 did bear the signatures of the petitioner. However, no opinion in respect of authenticity of other documents purportedly sent by the petitioner was given by the FSL. The police, therefore, came to conclusion that no case was made out for registration of FIR or action against the respondent.