HARI PRAKASH GULIA Vs. STATE

JUDGEMENT

(1.) The present petition has been preferred by the petitioner under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") against order dated 25.09.2013 passed by learned Additional Sessions Judge-03 (Central), Delhi whereby the revision petition was dismissed.

(2.) The brief facts leading to the present petition are that respondent No.2 filed a complaint on the allegations, inter alia, that he is running business of selling lottery ticket on partnership basis at Stall No.1, U.P. Roadways Bus Stand, Ajmeri Gate, Delhi 110006 for the last more than 15 years. The said stall was allotted by Municipal Corporation of Delhi (MCD). The petitioner and constable Vijay Kumar are in the habit of collecting illegal gratification from the complainant and other shopkeepers. In the month of January 1994 the petitioner and other co-accused directed the complainant to increase the monthly from Rs.500/- (Rupees Five hundred) to Rs.1000/- (Rupees One thousand) but the complainant refused to do so. On his refusal, on 20.01.1994 at about 9:00 a.m. the accused persons forcibly entered the complainant's stall and dragged the complainant and his brother Ajit Kumar to Kamla Market police station. In the meanwhile, they also confiscated all the lottery tickets lying in the complainant's stall. The complainant and his brother were then produced before the concerned SHO, who directed the police official to put them behind bars. After repeated request respondent/ complainant was permitted by the petitioner to bring Rs.1,000/- (Rupees One thousand) which they were demanding while his brother remained in custody. Respondent No.2 lodged a complaint with the PCR which was recorded by one constable Urmila who issued complaint No.3697. Thereafter, respondent No.2 went to the police station and on reaching there the petitioner in a fit of anger verbally abused and physically assaulted respondent No.2 with slaps & fists. He then falsely implicated respondent No.2 in fake and sham case under Section 100 of Delhi Police Act (hereinafter referred to as "DP Act").

(3.) Thereafter, respondent No.2 was admitted to bail and his brother was released from P.S. Kamla Market, Delhi. After his release, respondent No.2 moved an application for discharge of lottery tickets which were in possession of the accused persons. On 22.01.1994 at about 6:10 p.m. the tickets were released On receipt of the said lottery tickets, respondent No.2 found that the prize winning tickets of value of about Rs.23,592/- were missing. Consequently, respondent No.2 filed a complaint for the offences under Sections 167/200/340/357/403/406/409/323/506/34 IPC.