RAKESH KUMAR Vs. STATE

JUDGEMENT

(1.) RAKESH Kumar and Prakasho Devi, the petitioners herein have sought following prayer:-

(2.) BRIEFLY stated, facts relevant for this petition are that the petitioners filed a complaint under Section 156(3) of the Code of Criminal Procedure read with Sections 327/452/506/34 IPC against 8 respondents, including in-charge Police Post Rani Bagh and respondent No.2 with a prayer for direction to the SHO, P.S. Sarita Vihar to register a case on the basis of said complaint and investigate the matter.

(3.) LEARNED counsel for the petitioners has contended that learned M.M. as well as the revision court has committed a grave error in law in not directing the police to register the FIR on the basis of the complaint under Section 156(3) Cr.P.C. filed by the petitioners. It is contended that the courts below have failed to appreciate that there was a long history of dispute between the parties resulting in several cases, namely FIR No.891/07 under Section 498A/406/34 IPC, P.S. Saraswati Vihar, complaint under Domestic Violence Act under Sections 12/13/14/15/18/20 and 21 pending in the court of M.M. Patiala House, Kalandara under Section 107/151 Cr.P.C. dated 2nd May, 2007, another Kalandara under Sections 107/151 dated 14th January, 2008 indicating propensity on the part of the named accused persons in the court to take law in their hands. It is further contended that the complaint disclosed commission of offence by the accused persons, therefore, it was obligatory under Section 154 Cr.P.C. on the part of the Investigating Officer to register the FIR and investigate the matter. Ignoring aforesaid provisions of law, learned Metropolitan Magistrate, instead of referring the complaint to the police for investigation, decided to conduct his own preliminary inquiry which is not the intent of law. LEARNED counsel further submitted that even learned Additional Sessions Judge while hearing the revision petition has ignored aforesaid aspects of the case. Thus, she has urged that directions be issued to the concerned police station to register an FIR on the complaint of the petitioners and investigate it expeditiously.