R K BUDHIRAJA Vs. STATE

JUDGEMENT

(1.) THIS is a petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C') seeking quashing of FIR No. 154/2009 under Sections 182/219/220/342/365/120B/34 IPC registered at Police Station Keshav Puram.

(2.) SHORN off unnecessary details, the facts of the case are that on 28.09.2006, Head Constable Rameshwar along with Constable Amar Singh and Constable Jai Singh were on patrolling when they were reached near Prem Bari Pul within the jurisdiction of police station Keshav Puram one person was nabbed, whose identity was later on revealed as Sunil Kumar Dahiya (respondent no.3). During his search, one country made pistol and one live cartridge was recovered from the right pocket of his trouser. Head Constable Rameshwar made a call at police station Keshav Puram. Subsequently SI Bal Prakash and later on SHO police station Keshav Puram reached at the spot, who themselves made enquiry from Sunil Kumar Dahiya and FIR No. 624/2006 under Sections 25/54/59, Arms Act was registered at police station Keshav Puram.

(3.) RESPONDENT no.3 moved an application under Section 156(3) Cr.P.C. seeking direction for registration of FIR for the offences under Sections 182/219/220/342/365/468/471 IPC read with Section 120 B IPC. Vide order dated 8.6.2009, learned ACMM -1, Rohini, Delhi directed SHO police station Keshav Puram to register FIR against the accused persons under appropriate sections of law.