KULWANT SINGH Vs. OMI KABARIA AND ORS.

JUDGEMENT

(1.) The Present revision petition is directed against the order of discharge dated 22.03.2002 made the Ld. Additional Sessions Judge (ASJ). The petitioner was complainant in the proceedings filed before the Metropolitan Magistrate.

(2.) The brief facts necessary to decide this present petition are as follows. The Petitioner and the accused had a scuffle relating to a shop property which resulted in exchange of words. The petitioner alleged that the accused snatched Rs. 5,000.00from him. Therefore, on the same day i.e. 26.04.1991 he approached the police (hereafter referred as the respondents) to register a complaint, as the accused persons had beaten him up. The respondents refused to register the complaint. The respondent Sh. Mahender Singh, the then SHO allegedly started threatening the petitioner and said "Ki Sale Ke 500 Lathi Maroonga Agar Dobara Thane Aya To". It was alleged that ASI Ishwar Singh slapped the petitioner and said that if he ever visited the police station again he would be implicated in a false criminal case.

(3.) The Petitioner approached the Deputy Commissioner of Police, who directed him to the ACP and a FIR was lodged on 29.4.1991; however, allegedly no action was taken in the matter. It is alleged that on 21.5.1991 the Respondents threatened the petitioner to settle the matter with the accused for a sum of Rs. 55,000.00. The petitioner was given Rs. 50,000.00 and forcibly made to write that he had received a sum of Rs. 55,000.00 from the accused towards settlement. The respondents allegedly took away the remaining Rs. 5,000.00. The Petitioner asked for the balance amount of Rs. 5,000.00 from the SHO who again threatened the Petitioner that he would implicate the Petitioner in a false criminal case and that he would also be killed.