PRASHANT MANCHANDA Vs. GOVERNOR OF DELHI

JUDGEMENT

(1.) This petition has been made by the petitioner under Section 482 Cr.P.C. for issuance of directions to the respondent No.2to register an FIR against Mr. K.K. Paul, Commissioner of Police, Delhi under Section 306 of Indian Penal Code on the basis of complaint dated 16th October, 2006 made by the petitioner to SHO Police Station Mukerjee Nagar, respondent No.2, on the ground that the police was duty bound to register an FIR whenever a complaint is made to the police in view of the judgment of Supreme Court in Ramesh Kumari vs. State( NCT of Delhi) 2006(2) SCC 677. The petitioner has quoted paragraphs 31, 32 and 33 of the said judgment and submitted that SHO was obliged to register an FIR under Section 154 of Cr.P.C.

(2.) Brief facts relevant for the purpose of deciding this petition are that father of the petitioner Mr. Davender Manchanda (hereinafter referred as to "the deceased") was an Inspector in Delhi Police. While he was posted at Police Station Kashmiri Gate, he was entrusted with an inquiry in respect of a complaint made by one Syed Ahmad son of Hafeez Zahoor Ahmad. After making preliminary investigation in respect of this complaint, he got an FIR registered being FIR No.453 of 2004 dated 17th September, 2004 under Sections 420,448,467,471 and 120B of IPC, on the basis of allegations made by the complainant regarding trespass, cheating, forgery etc. in respect of properties bearing Nos. 28 and 29, Alipur Road, Delhi, against Satish Chander, Satya Prakash and Vineet Aggrawal. It would be worthwhile to note that the alleged accused persons were living in those properties for more than 47 years at the time of registration of FIR and they claimed ownership on the basis of registered sale deeds.

(3.) After the FIR and during investigation, the deceased Inspector issued notice to Vineet Aggarwal and Others. However, this notice was issued at 24- Alipur Road, which was not the residence of Vineet Aggarwal and which was not the property in dispute. Vineet Aggarwal learnt about the notice from occupants of 24, Alipur Road and after learning about the registration of the FIR against him and others in respect of property in which they were living for about 47 years, he along with title documents and other material in his possession, approached the Commissioner of Police to plead that that somebody was deliberately playing fraud in order to grab their properties in connivance with the police. He made certain allegations against the Investigating Officer i.e. the deceased Inspector. Vineet Aggarwal met Mr. K.K. Paul, Commissioner of Police on 11th October, 2004 and it seems that after considering the allegations and the material, the Commissioner of Police sent him to Joint Commissioner of Police with directions to look into the matter. The Joint Commissioner of Police also considered allegations and the material with Vineet Aggarwal and he transferred the investigation of the case from the deceased Inspector to Vigilance Department by a verbal order and the officer from Vigilance Department was immediately called and the deceased Inspector was asked to hand over the entire record to him. On next day, the deceased Inspector was placed under suspension. A formal complaint dated 12th October, 2004 was made by Vineet Aggarwal to Commissioner of Police in respect of his allegations. After placing the deceased Inspector under suspension, a departmental inquiry was initiated against him vide an order dated 19th January, 2005. A summery of allegations was supplied to him on 27th January, 2005. The deceased Inspector challenged the initiation of departmental inquiry against him and he moved Central Administrative Tribunal (CAT) and filed an OA being OA No.400 of 2005. In the OA, he made certain allegations against the Commissioner of Police and other officials of police. He also made allegations against Joint Commissioner of Police. The CAT vide its order dated 13.12.2005 made following observations: