DEVENDER SHUKLA Vs. STATE OF NCT

JUDGEMENT

(1.) The instant petition under Sec. 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioner seeking quashing of FIR bearing no. 240/2020, registered at Police Station Patparganj Industrial Area, East District, Delhi for the offences punishable under Ss. 341/186/353/332/342/34 of the Indian Penal Code, 1860 ("IPC").

(2.) The present FIR was registered on 8/9/2020, on the statement of Head Constable (HC) Sukander Pal of Delhi Police i.e. complainant/respondent no. 8. Briefly stated, the case of the prosecution is that on 8/9/2020, complainant along-with ASI Udaiveer Singh and Constable Kulwant was on duty and was regulating traffic at Gazipur paper market. It is alleged that at about 9:15 AM, a bus bearing registration number UP61AT2998 was stopped by the complainant along-with the above-mentioned staff as its driver was operating the bus without uniform. During checking of the bus, when the complainant asked the driver for his Driving Licence and documents related to the bus, the driver did not produce any document nor his driving licence despite asking. Thereafter, the bus was seized by the complainant vide Challan no. 20206200908093242 under Ss. 66(1)/192A, 66(1)/192A, 3/181, 146/196 of the Motor Vehicles Act, 1988 and the ASI ordered the complainant to deposit the seized vehicle at "Traffic Pit" in Vivek Vihar, Delhi. It is alleged that when complainant along-with the seized vehicle/bus was going towards Vivek Vihar, Delhi one Swift Car bearing no. DL1ZD0837 stopped the complainant's way by overtaking the bus. Thereafter two persons came out of the car and one of them disclosed his name as Devender Shukla i.e., petitioner herein and started threatening the complainant as being the owner of the said bus. When complainant told him that he was performing his duty, the petitioner started beating the complainant. Thereafter, the complainant was sent for medical examination and after his discharge from hospital, FIR in question was registered against the petitioner.

(3.) During investigation, co-accused Kalamuddin was arrested on 9/9/2020 and sent to Judicial Custody but petitioner was evading arrest continuously and therefore, on 10/9/2020, Non-Bailable Warrants (NBW) were issued against the petitioner. Thereafter, petitioner had surrendered before the learned Metropolitan Magistrate on 25/9/2020. On 3/10/2020, petitioner was released on regular bail by learned ASJ, Karkardooma Court, Delhi vide order dtd. 3/10/2020.