ABHAY KUMAR MISHRA Vs. STATE

JUDGEMENT

(1.) ON the application under Section 156 (3) of Cr.P.C. preferred by second respondent, trial court vide impugned order 26th September, 2012 (Annexure -C) has directed registration of an FIR on the complaint (Annexure -B) of second respondent. In pursuance to the impugned order, FIR No. 397/12 under Sections 195/409/420/467/468/470/471/ 477A/506/120 -B of IPC was registered at P.S. Dabri, Delhi on 11th October, 2012. Quashing of impugned order (Annexure -C) is sought in this petition on merits, while investigation in this FIR case is in progress.

(2.) DURING the pendency of this petition, respondent -State has placed on record status report which narrates the factual background of this case and also takes note of the fact that at the instance of petitioner FIR No.191/11 was registered against second respondent for similar offences and the investigation is being carried out in respect of petitioner's FIR No.191/11 as well as FIR No.397/12 of second respondent and the investigation in both these FIRs is being carried out by Assistant Commissioner of Police, Economic Offences Wing, Crime Branch, New Delhi.

(3.) IMPUGNED order (Annexure -C) takes note of the fact that Investigating Officer, who is investigating petitioner's FIR No.191/11, did not file any action taken report in respect of second respondent's complaint (Annexure -B) and had put forward lame excuse that he could not study this complaint as he was busy in other cases. It appears from the impugned order that trial court finds merit in the contention of counsel for second respondent -complainant about Investigating Officer of FIR No.191/11 deliberately avoiding to submit 'Action Taken Report' on second respondent's complaint (Annexure -B). In the impugned order (Annexure -C), while taking note of the fact that FIR No.191/11 at the instance of petitioner against second respondent is pending investigation, trial court relies upon Apex Court's decisions in Shiv Shankar Singh v. State of Bihar & Anr. (2012) 1 SCC 130 and Babu Bhai v. State of Gujarat & Anr. (2010) 12 SCC 214 to order registration of FIR on second respondent's complaint (Annexure -B) by observing that to elicit true facts and actual version, registration of FIR under the relevant provision of law on second respondent's complaint is necessary.