Mahender Singh v. Amit

1. The present petition has been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 Cr.P.C. praying inter alia for directions to the respondent to transfer investigations of the case FIR Nc.413/2013 registered under Sections 307/34 IPC at PS Govindpuri, Delhi, to some other agency.

2. Counsel for the petitioner states that the complainant of the aforesaid FIR is one Amit, who has a number of criminal cases pending against him and he has lodged the FIR in question as acounterblast to FIR No.13/2013, lodged by Krishan Kumar, the second son of the petitioner under Sections 307/427/34 IPC with PS Govindpuri, Delhi. He submits that the petitioner and his family have submitted representations to the DCP of the area about the aforesaid FIR and have stated'that his family is being pressurized by the aforesaid Amit not to proceed any further with FIR No.13/2013. W.P. (CrI) 1299/2013 2013:DHC:7555

3. Pertinently, FIR No. 13/2013 that was lodged at the instance of Krishan Kumar (son of the petitioner) does not make any mention of Amit as an accused. Instead, one Rahul has been named as an accused therein and a charge-sheet has already been filed in the aforesaid case. It is also relevant to note that the present FIR was lodged by the aforesaid Amit as recently as on 17.6.2013 and Manish, the younger son of the petitioner is named as an accused. As per the learned APR for the State, investigations in FIR No.413/2013 are at a nascent stage and Manish has not been participating in the investigation and has absconded.

4. Having regard to the submission made by the counsel for the petitioner and taking into consideration the statement made by the counsel for the State, this Court is of the opinion that the present petition for seeking transfer of the investigation in case FIR No.413/2013 to some other agency is pre-mature. The Court declines to entertain this petition at this stage. The same is accordingly dismissed. HIMA KOHLI, J AUGUST 14, 2013 sk/rkb