SURENDER ALIAS TIGER Vs. STATE

JUDGEMENT

(1.) THIS is petition U/s 482 Cr.P.C. for quashing of FIR No. 99/2012 registered U/s 323/336/452/34 IPC registered at P.S. Baba Hari Das Nagar, Delhi which was registered at the instance of respondent No. 2/complainant Kanhiya Lal who was engaged in the office of a property dealer situated at plot No.1, Nanak Pyau, Nazafgarh, Delhi.

(2.) IT was alleged in the said FIR that on 7.5.2012 at about 10.00 p.m. the petitioners along with one unknown person came into the office in a drunken state where respondent No.2 was present alone and entered into an altercation with him. IT was further alleged that petitioner No.1 was in possession of a pistol and fired the same, thereby damaging the television set kept in the office and when respondent No.2 objected to this behaviour, petitioner No.2 Ishwar hit him on the head with a beer bottle. IT was stated that respondent No.2 managed to flee from the office and informed his employers about the incident who in turn narrated the incident to the police pursuant to which the present FIR was lodged.

(3.) IN the present case, the offences with which the petitioners are charged are serious in nature. There are allegations of assault and firing done by the petitioners while respondent No.2 was present in the office unarmed and did nothing to provoke the petitioners which could result in such an attack. It is also not the case where the alleged attack was made in self-defence or in heat of the moment. Moreover, the weapon used for firing by the petitioner No.1 is yet to be recovered. It has also been brought to my notice that petitioner No.1 is a habitual offender and BC of the area and is feared by the people of the locality due to his criminal antecedents. There are admittedly as many as 8 FIRs lodged against petitioner No.1 including charges U/s 302 IPC. It is evident from the criminal history of petitioner No.1 and his accomplice that they are notorious elements and are unabatedly indulging in criminal activities without any regard to the law of the land. If the present FIR is quashed then these activities would go unchecked resulting in emboldening the petitioners which are proving a menace to the residents of the locality.