ALOK KUMAR Vs. HARSH MANDER

JUDGEMENT

(1.) This petition has been filed on behalf of petitioner under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter 'Cr.P.C.') seeking indulgence of this Court for quashing of impugned order dtd. 18/2/2020, whereby the Station House Officer (hereinafter 'SHO'), Police Station Hauz Qazi, Delhi was directed to register an FIR under appropriate Sec. of law on the basis of complaint filed by respondent no. 1. The petitioner is aggrieved that the complaint was purely malicious and motivated questioning his patriotism and injuring his reputation without any reason and prays that this Court not only examine the same but also initiate proceedings under Sec. 182 Cr.P.C. against respondent no. 1.

(2.) By way of this judgment, this Court aims to examine the issue at the core of the petition i.e. whether the order passed under Sec. 156(3) Cr.P.C. directing registration of the FIR merits quashing or not.

(3.) Briefly stated, the story narrated in the application filed under Sec. 156(3) Cr.P.C. by respondent no. 1 was in the backdrop of an incident that allegedly took place on 1/7/2019 at 12:34 AM, when a PCR call was received regarding a quarrel that had taken place at Mandir Wali Gali, Lal Kuan, Hauz Qazi, Delhi on the issue of parking. The police upon reaching the spot, had found that some Muslim youth had broken the glass windows and idols of Hindu Gods and Goddesses at Durga Mandir, Lal Kuan Hauz Qazi, Delhi and had gathered outside the temple for raising pro-Islam slogans. Consequently, the police had registered an FIR bearing no. 90/2019 at P.S. Hauz Qazi on 1/7/2019, initially under Ss. 147/148/149/295/34 of Indian Penal Code, 1860 (hereinafter 'IPC'), and subsequently, Ss. 186/353/332/153A(2)/ 436 of IPC were also incorporated into the same FIR. During the course of investigation, a total of 18 accused, including 09 Children in Conflict with Law (CCL), were arrested/ apprehended.