NAR SINGH Vs. DY COMMISSIONER OF POLICE

JUDGEMENT

(1.) This petition has been filed for quashing of FIR No.180/2005 PS Badapur and for registration of FIR under sections 506/326/383/34 IPC. The petitioner submitted that he was falsely implicated in various cases of Excise Act right from 2001 to 2003 because he refused to lend his car to Head Constable Ramveer Singh and his fellow colleagues without charging them rent which he had been earlier doing. The petitioner has given detailed story as to how he was lending his car to HC Ramveer Singh, initially only charging petrol expenses and thereafter when he refused, the police wrath was wracked on him. He also stated that on 23.8.04 HC Ramveer Singh alongwith respondent No.4 and one more constable forcibly tried to drag him from his house and he some how tried to escape, but in spite of that he was dragged from his house in front of his family members in a gruesome manner upto the P.S. Badarpur without any reason and a false Kalandra under sections 107/151 Cr.P.C was slapped on him. He made complaint to the Commissioner of Police but no result. Then he filed a petition under Article 226 and on the directions of this Court, an FIR was registered under sections 506/326 against those police officials. It is stated that he was again falsely implication in the present FIR No.180/2005 and SHO gave threat to him that in case he does not withdraw his case against police officials and he does not assure of taking further action before DCP Vigilance, he will be wiped out. The petitioner prayed that writ be issued for quashing of the FIR and registration of case against SHO and others.

(2.) It is settled law that an FIR can be only quashed in rarest of rare cases where even if all the facts stated in the FIR are true and commission of no cognizance offence. In the present case FIR does disclose commission of an offence. Whether this FIR is a false one or true, cannot be adjudicated by this Court in a writ petition. This can be done only by the Court where trial for the offence takes place. As far as registration of FIR against police officials is concerned, I consider the petitioner should take recourse to the provisions of Cr.P.C. He should have approached to the court of MM and court of MM if considered that it was a case for registration of FIR, may order for registration of FIR or may hold the enquiry himself and summon the accused as per law. The registration of FIR in the writ petition is not maintainable in view of the judgement of the Supreme Court in Aleque Padmasse and Ors. vs. Union of India and Ors. 2007 (9) Scale 275.

(3.) The writ petition is dismissed with the liberty to approach the concerned MM.