RAJU Vs. STATE AND ORS.

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution read with Section 482 Cr.PC moved by the petitioner for issuance of writ of certiorari and in the nature of mandamus for transferring the investigation to Crime Branch, Delhi on the ground that on 16.04.2014, the petitioner went to the government tube well at Pul Prahladpur and saw that Neel Kanth, Ashok Pandey, Prem, Neeraj and Subhash all residents of Pul Prahaladpur were quarrelling with Amir and Shahrukh and were threatening them. The petitioner requested them not to abuse and harass the children whereupon accused abused the petitioner and threatened to teach a lesson. After sometime, they forcibly and illegally entered into his house and assaulted the petitioner and his brother. PCR was called and the petitioner was taken to hospital where he was provided medical aid and the doctor opined the injuries to be grievous. The petitioner approached the police of Police Station Pul Prahladpur for registration of an FIR, but in vain and instead an FIR was registered against the petitioner. The petitioner approached the DCP for taking legal action against the accused persons but no action has been taken as such the investigation be transferred to Crime Branch.

(2.) STATUS report has been filed by the State stating therein that on receipt of PCR call vide DD No. 39A regarding quarrel at K -51A, Northern Basti, Lal Kuan on 16/17.04.2014, SI Pankaj alongwith with staff reached the spot where no quarrel was found. Local inquiries revealed that injured were taken to the hospital by PCR van. After receipt of DD No. 9A dated 17.04.2014, SI Pankaj reached at Trauma Centre, AIIMS where injured Nilkanth Kumar who is a practicing advocate and his family members were found admitted who sustained injuries. Thereafter, a case vide FIR No. 150/2014 under Sections 452/308/354/34 IPC at Police Station Pul Prahlad Pur was registered against the petitioner and others. Though MLC of the petitioner was also prepared which reflected history of assault by unknown persons, the petitioner could not be contacted at his home or in AIIMS Trauma Centre nor he came to Police Station for giving his statement/complaint. A complaint made to DCP by the petitioner was received in Police Station Pul Prahladpur on 02.05.2014. Inquiries with respect to FIR No. 150/2014 revealed that Raju (the present petitioner) and others have assaulted Neelkanth and his family members. The complaint is pending inquiry. His brother Khazan Singh also filed a complaint before the High Court of Delhi which was dismissed.

(3.) BY way of instant petition, the petitioner is seeking transfer of investigation to Crime Branch which is opposed by learned Standing Counsel for the State on the ground that in Sakiri Vasu v. State of U.P. and others, : (2008) 2 SCC 409, the Apex Court has given directions that when there is an alternative remedy available then the High Courts ought not encourage writ petitions.