M D GEORGE Vs. STATE

JUDGEMENT

(1.) Petitioners claim to be Pastor and Secretary of Baptist Church Karol Bagh. Their grievance is that they had lodged a complaint in P.S. Karol Bagh on 18.10.2000 and also on 26.11.2000 alleging that accused persons named in the complaint had beaten up the Church bearer, disturbed Sunday prayer meeting and man-handled petitioner No.1 who had suffered substantial injuries but no case was registered. They later sent these complaints to Lt. Governor, Commissioner of Police, DCP and ACP of the area concerned but in vain. It is accordingly prayed that concerned SHO be directed to register a FIR against accused persons and its investigation be handed over to the Crime Branch/ Economic Offence Branch of Delhi Police.

(2.) . Status report filed on behalf of respondent shows that Baptist Union of North India (BUNI), managing various churches and properties in North India had split into three factions, one being controlled by petitioners who were engaged in gaining supremacy upon each other. It is denied that any report was lodged by petitioners about any incident on 26.11.2000. However, their complaint was received on 28.11.2000 in which some enquiry was made but allegations were found unsubstantiated and thus no case was registered.

(3.) . L/C for petitioners Mr.Masih submitted that once information was laid before the concerned S.H.O. alleging commission of cognizable offence he was duty bound to register the case against accused persons. He placed reliance for this on Supreme Court judgements in AIR 1984 SC 1271 (Liberty OH Mills & Ors. Vs. Union of India) and AIR 1997 SC 940 (Sunil Kumar & Ors. Vs. State of Madhya Pradesh)