SANJAY KAUSHIK Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This writ petition has been filed by the Petitioner under Article 226/227 of the Constitution of India read with Sec. 482 Cr.P.C., seeking the following reliefs:

(2.) Aggrieved by the directions passed in the impugned order dtd. 12/3/2019, whereby the learned Presiding Officer, MACT-2 (Central), Delhi (hereinafter referred to as PO) has directed the DCP concerned to register FIR against the applicant and file a report within two weeks, present petition has been filed by the Petitioner. On 20/3/2019, Court had stayed the direction for registration of the FIR and the interim order is continuing till date.

(3.) Learned counsel for the Petitioner argues that Petitioner had fairly and impartially conducted the investigation and therefore, the observations and the directions in the impugned order were unwarranted. Principles of natural justice have been violated inasmuch as no opportunity was given to the Petitioner of being heard and presenting his case before passing the impugned order. Even in law, the observations and the directions cannot be sustained. The Supreme Court in Pramod Kumar Jha v. State of Bihar and Anr., CRL.A. 1092/2002, decided on 18/6/2008 and in Pandit Ishwari Prasad Misra v. Mohammad Isa, 1962 SCC OnLine SC 88, has held that if there is any lapse on the part of the Investigating Officer, Court should only record that as a fact and direct the Competent Authority to take departmental action and/or recourse to criminal proceedings by registration of an FIR, but cannot pass a direction to register the FIR.