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IN THE HIGH COURT OF DELHr AT NEW DELHI
W.P.(CRL)3612/2018 and CRL.M.A.48218/2018
VINAY SINGH
Through:
STATE_& ANR.
Petitioner
Mr Siddharth Aggarwal, Mr Arjun
Dewan, Mr Siddharth Satija, Ms
Soumya Vaishy and Mr Uday Bedi, Advocates, Respondents
Mr Sanjay Lao, ASC for State with
Mr Karanjeet Sharma, Advocate with
SI Manjeet,P.S_. Fateh Pur Beri.
1. under:
% 22.10.2019
The petitioner has filed the present petition, inter a/zrt, praying as
2.
"(a) Issue a,writ of mandamus or order or direction to direct reinvestigation into the FIR No. 490 of 2015 dated
15,07.2015 lodged at PS Fatehpur Beri, through any police Station other than Fatehpur Peri, Malviya Nagar andMehrauli;
(b) Issue a writ ofmandamus or order or direction to quash
FIR No. 490 of 2015 dated 15.07.2015 lodged at PS
FatehpurBeri and the proceedings pursuantthereto;
(c) Pass an appropriate writor order or direction directingthe
Respondent No. 11 to set up a Special Investigation
Team to investigate the collusion between officials posted at PS Fatehpur Beri between 2015-17 and
RespondentNos.2to 7;"
It is the petitioner's case that the FIR in que^ion, that is, FIR NO. 2019:DHC:7691
490/2015 under Sections 341/354/506/509/34 of the Indian Penal Code, 1860, registered at PS Fatehpur Beri, was registered without making any inquiries from the petitioner, who is stated to be one ofthe accused. It is stated thatsubsequentlya chargesheethas also been filed,however,no prior investigation was conducted and no inquiries were made with the petitioner before filing the said chargesheet.
ORDER
3. The aforesaid facts are substantiated by the status report filed by the Cornmissioner ofPolice,pursuantto the orders passed by this Court.In his status report, he has stated that there are three groups ofpersons who are indulging in land grabbing and extortion in areas ofFatehpurfieri,Mehrauli and MalviyaNagar.Itis stated thatthese groups areinimicalto each other.
4. It is stated that one ofthe groups is headed by one Kiran Singh @ Kinni. He along with his associate Archana Yadav, had filed over five hundred cases in different police stations and he is also involved in many cases registered with those police stations. It is also stated that thirty-thi'ee FIRs have been lodged against the group led by Kiran Singh in various police stations.
5. The FIR iii question(FIR No.490/2015)is lodged at the instance of Mukesh Devi wife ofRajpal,brother ofKiran Singh.She had allegedthat at about06:00 a.m.she was coming to her home after buying vegetables from the main road market. Atthat stage,the accused persons who also reside in the same locality stopped her on the road and had abused her and also threatenedto kill her.She also stated thatone ofthe accused had piished her "breast with bad intention".
6. The status report filed by the Police Commissioner also indicates that:f^ the petitioner's father is involved in another group and same is inimical td Kiran Singh's group.
7. Clearly,the chargesheetwasnotrequiredtofiled unlessadueinquiiy had been made.Ifthe police authorities believed thatthe FIR has been filed on accountofone group being inimical to the other; all the more reason that the same is properly investigated before any chargesheet is filed. Admittedly, in the present case, no inquiry has been made from the petitioner.
8. This Courtisofthe viewthattheconcerned authorities arerequiredto make aproperinquiry and ifitisfound thata group ofpersonsisindulging m filing false FIRs,it is necessary thattheybe prosecuted to the full extent ofthe law.
9. In the present case, this Court considers it apposite to quash the chargesheetand directthe matterto bere-investigafed bythe CrimeBranch, STF,(Sunlight Colony).Sincethere are certain allegations made againstthe police officials ofthe concerned Police Stations,the team ofinvestigating officer shall not include those officials. The Commissioner of Police is directed to take necessary steps for transferring the investigation to the Crime Branch as directed.
10. No further orders are required to be passed in this petition.The same isdisposed of. Thepending applicationisalso disposed of.
VIBHU BAKHRU,J