SHEIKH MOHD. UMAR Vs. STATE

JUDGEMENT

(1.) The petitioner, vide the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 [CrPC], seeks quashing of the impugned order dtd. 22/8/2020 passed by the Ld. MM, South East, Saket Courts, New Delhi in complaint case No.620872/2016 titled as 'Sheikh Mohd Umar vs Mohd Mubin and Ors.' and order dtd. 23/10/2020 passed by the Learned Principal District and Sessions Judge, South East, Saket Courts, New Delhi in Cr. Rev. No.210/2020 titled as 'Sheikh Mohd Umar vs Mohd Mubin and Ors.' and further direct the SHO, PS. Hazarat Nizamuddin, Delhi to register FIR under the relevant provisions of law.

(2.) Learned counsel for the petitioner submits that the order passed by the Ld. MM and the Ld. Sessions Court are bad in law as the Courts below failed to appreciate that the respondent nos.3 and 4 have wrongly registered a non-cognizable report, while the injuries sustained amount to grievous hurt, a cognizable offence. He further submits that custodial interrogation of Mohd. Mubin, one of the three named accused, is much needed to disclose the identity of the 6-7 unnamed assailants. He also submits that the action of the respondent no.3/ SHO Hazrat Nizamuddin, is adverse to the fundamental rights of the complainant as the latter was coerced into the alleged settlement by the former. Lastly, he submits that the respondent nos.3 and 4 are in collusion and connivance with the assailants and shielding them from accountability for their actions.

(3.) Notice was issued and the Status Report was called for. Trial Court record in the digitized form was also requisitioned from the concerned Trial Court.