D P VATS Vs. STATE

JUDGEMENT

(1.) One ministerial visit has bred registration of two rival FIRs - FIR No. 677/01 under Sections 186/353/34, Indian Penal Code, 1860 lodged by petitioner and rival FIR No. 678/01 under Section 3 of SC/ST (POA) Act, 1989 r/w Sections 323 and 341, Indian Penal Code, 1860 filed against him. Petitioners wants completion of investigation in the first FIR and quashing of the second one and that is how this writ petition.

(2.) It all happened on 4.6.2001 when Health Minister A.K. Walia visited Sultan Puri Area. Petitioner was in attendance and so were some political activists including the local MLA Sushila and her husband Ex-MLA Jai Kishan. There are two versions to the incident and hence two FIRs. Petitioner's version is that when the MLA and her husband asked him about his plans for removing encroachments from MCD parks, he told them that he was determined to do so they got infuriated and they incited their supporters who assaulted him and beat him up. He was later rescued by his staff and got away with some injuries. For this he lodged FIR No.677/01 at PS Sultan Pun and on learning this, local MLA and her husband falsely implicated him in two FIRs including FIR No. 678/01 under Section 3 of SC/ST (POA) Act, 1989 r/w Sections 323 and 341, Indian Penal Code, 1860 as a counter blast.

(3.) The rival version set up in FIR No. 678/01 is that while the Minister was listening to the narration of performance of Horticulture Departmpnt, petitioner be- came furious and started abusing local residents and said 'CHUDE CHAMARON TUMHE MAAR DUNGA MAIN TUMSE NAHIN DARTA". He thereafter assaulted a local worker Babu Lal Khanna and gave him elbow bows. He then manhandled some woman workers - Bhan Devi, Vimia Devi, Kamlesh etc , snatched clothes of some of them and pulled the saari of one Kamlesh and tried to molest her and threatened local workers.