MAHAVIR SINGH Vs. STATE & ORS

JUDGEMENT

(1.) The petitioner, a resident of Trilokpuri, had lodged a criminal complaint (CC no.136/13) in the court of the Chief Metropolitan Magistrate (CMM) of East District on 12.11.2013, making allegations against the second to fifth respondents herein accusing them to have committed certain acts of commission or omission constituting offences punishable under Sections 166, 211, 354-A, 354D, 452, 506, 324, 308, 34 of Indian Penal Code, 1860 (IPC), the incident alleged to have occurred sometime after 10.30 p.m. on 31.10.2013. Concededly, all the said respondents were, and are, members of Delhi Police, the first two holding the rank of constables and the remaining holding the rank of Sub Inspector at the relevant point of time, each of them posted in the police station Kalyan Puri within whose jurisdiction the house of the petitioner is situate.

(2.) Alongwith the said criminal complaint presented by invoking the jurisdiction of the CMM under Section 200 of the Code of Criminal Procedure, 1973 (Cr. PC), a prayer was made for direction for investigation by the police under Section 156(3) Cr. PC. The CMM called for a status report which revealed that on the complaint of the second respondent, first information report (FIR) (no.643/2013) had been registered at 02:10 hours of 01.11.2013 by the police station Kalyan Puri involving offences punishable under Sections 186, 353, 332, 356, 34 IPC respecting the incident that had occurred sometime around 11.00 p.m. on 31.10.2013, indicating complicity of the petitioner, his sons Bablu and Dinesh @ Rahul and his daughter Savita, besides certain others.

(3.) The CMM declined to give a direction to the police for investigation, but held an inquiry under Sections 200, 202 Cr. PC. On the basis of the evidence that was led in the said pre-summoning inquiry, by his order dated 25.02.2015, the CMM found grounds to proceed against all the aforementioned respondents for offences under Sections 166, 452, 506, 323, 34 IPC and against second and third respondents herein for offences under Section 354 A / 34 IPC.