GIAN CHAND KAUSHAL Vs. M C JOSHI

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of india seeking relief for the issue of the Writ of Mandamus directing registration of F.I.R. against the respondent No. I, and payment of Rs. 50,000.00 by way of compensation consequent upon the commission of offences under Sections 323/342/506/348/341 Indian Penal Code . by the respondent No. 1.

(2.) It is beyond the pale of controversy that on 25th February, 1992, a case R.C.6(A) 92 was registered at A.C.B. branch of C.B.I, under Sections 120-B/420/ 467/468/471 Indian Penal Code . and under Section 13(2) read with Section 13(l)(d) of the Prevention of Corruption Act against the petitioner's son-in-law, Shri Madhukar, the then Joint Director (Housing), D.D.A., Delhi; that investigation of the case was entrusted to the respondent No. 1, that on 13th April, 1994, the petitioner attended the office of the respondent No. 1 in response to a notice under Section 160Cr.P.C. served on him and that on that day the petitioner's specimen writings were taken by the respondent No. 1.

(3.) According to the petitioner, on 13th April, 1994 the respondent No. 1 tortured him to extort a confession from him and forcibly obtained his specimen writings. On the same day, the petitioner made a complaint to the D.C.P. for registration of a case against the respondent No. I but no action was taken on his report.