SHANTI DEVI Vs. STATE

JUDGEMENT

(1.) It was on 22.8.2001 that son of petitioner No.1 and petitioner No.2 were riding a motorcycle on Faiz Road, Karol Bagh, New Delhi. One Traffic Zonal Officer ASI Dharam Pal allegedly caught hold of the handle of motorcycle and also the hands of petitioner No.2 and as a result, both riders fell down and sustained grievous injuries. They were admitted to Ram Manohar Lohia Hospital, while son of petitioner No.l succumbed to injuries, petitioner No.2 survived. The brother of the deceased lodged complaints with Police Commissioner and other authorities but no action was allegedly taken in the matter. On the contrary, FIR No.199/2001 was registered u/s 279/333 IPC at PS D.B.G.Road against two riders.

(2.) Petitioners" grievance is that even as their complaint for registration of FIR against Traffic Officer had gone abegging, SHO PS D.B.G.Road had threatened them to compromise the matter or face dire consequences. They were now being harassed and mentally tortured by the police for pursuing their case. It is accordingly prayed that SHO PS D.B.G.Road be directed to register a case of culpable homicide amounting to murder against ASI Dharam Pal and counter FIR No.199/01 lodged on his complaint be quashed.

(3.) Status report filed on behalf of respondent says that FIR No.199/01 was registered on the statement of ASI Dharam Pal. Petitioners' complaints are admitted to have been received and examined by the Public Grievance Ceil of Central District Police but found without any substance. It is denied that the concerned SHO had extended any threats to petitioners for any compromise.