ABHISHEK KUMAR Vs. STATE & ORS

JUDGEMENT

(1.) Vide the present petition, the petitioner has assailed the orders dated 03.10.2013 passed by the learned Metropolitan Magistrate, Tis Hazari Courts, Delhi, in case bearing FIR No.233/2009, registered at Police Station Kotwali and order dated 08.05.2014 passed by the learned Additional Sessions Judge in Criminal Revision No.143/2013.

(2.) The present petition has been filed on the ground that both the courts below have wrongly concluded that the facts of the complaint dated 17.08.2009 and the FIR No.233/2009 are exclusive and have nothing to do with each other except the fact that both the incidents are attributed to same set of accused persons. Whereas, in fact, both the incidents form same part of transaction which has been done for the same motive, i.e., to convert the room of Krishna Guest House into a shop, which was not possible without removing the Almirah of the father of the petitioner from one of the door of the room falling on the street side or without breaking open the locks of the said Almirah.

(3.) The courts below have also not appreciated that police has provided the information in response to the RTI application that the complaint dated 17.08.2009 has been made a part and parcel of FIR No.233/2009, and, therefore, the police was required to investigate the two complaints collectively and it cannot file the chargesheet without investigating an important aspect of the matter.