SONU Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is preferred by the petitioner seeking issuance of writ of mandamus and other orders/ directions directing CBI inquiry in the matter and for taking action against respondents no.2 to 8.

(2.) The petitioner was arrayed as an accused along with co-accused Mangal in case FIR No.344/2008 under Sections 363/366/376/506/34 IPC registered with police station Mayur Vihar. The FIR came to be registered on the statement of Smt. Meera (respondent no.6) made to the Police on 2.11.2008 that her daughter Ms. Ruchi (respondent No.7) was kidnapped by Mangal with the help and connivance of petitioner Sonu on 7.10.2008. She alleged that since they were being threatened by these persons, the report in this regard was not lodged with the police, prior to 2.11.2008.

(3.) The main grievance of the petitioner was that he was not involved in the commission of alleged offence and that he was falsely implicated at the instance of his political rival respondent no.5 Mahender Kumar Bansal. It was also alleged that the investigation conducted by respondent no.4 ASI K.P. Singh was not fair and honest inasmuch as he had ignored the statement made by the complainant earlier on 10.10.2008 wherein the allegations of kidnapping were made against Mangal and one Vicky and not against the petitioner. Further ASI K.P. Singh had also removed the photograph of a goonda, who allegedly kidnapped Ruchi and also OPD card of Ruchi from the documents. It was alleged that he also overlooked the statement of Ruchi recorded under Section 164 Cr.PC on 18.11.2008 wherein she did not name the petitioner. His grievance was also that though he was not involved, but an article was published in the newspaper dated 16.11.2008 showing his involvement in the commission of the said offence. He also alleged that he had filed some complaints with SHO and senior police officers and also before SC/ST Commission, but no action was taken. He thus prayed for directing CBI inquiry into the FIR and for directing respondent no.1 i.e. Government of NCT of Delhi to take appropriate legal action against respondents namely Mr. Mahender Kumar Bansal, complainant Meera and her daughter Ruchi and for initiating departmental proceedings against respondents no.2,3,4 and 8 who were respectively sitting and former SHOs and ASI K.P. Singh and SI Nagender Singh.