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$-48& 51 HIGH COURT OF DELHI
W.P.(CRL)2583/2016
ASHOK PANDIT Petitioner
Through: Mr.Sushil Kumar Jain,Adv.
W.P.(CRL)2583/2016
ASHOK PANDIT Petitioner
Through: Mr.Sushil Kumar Jain,Adv.
VERSUS
GOVT OF NOT OF DELHI& ANR Respondents
Through: Ms. Suni Anand, Adv. for Mr. Avi Singh, ASC for State with Inspector
UpendraPS Mehrauli.
Through: Ms. Suni Anand, Adv. for Mr. Avi Singh, ASC for State with Inspector
UpendraPS Mehrauli.
And
W.P.(CRL)2589/2016
MANJBET SEHRAWAT Petitioner
Through: Mr.Sushil Kumar Jain,Adv.
MANJBET SEHRAWAT Petitioner
Through: Mr.Sushil Kumar Jain,Adv.
VERSUS
STATE(GOVT OF NOT OF DELHI) Respondent
Through; Mr. Rajesh Mahajan, ASC with Ms. Parul Jamwal, Adv. with Inspector
UpendraPS Mehrauli.
Through; Mr. Rajesh Mahajan, ASC with Ms. Parul Jamwal, Adv. with Inspector
UpendraPS Mehrauli.
CORAM:
HON'BLE MR.JUSTICE A.K.PATHAK
05.09.2016 Petitioners have filed present writ petitions under Article 226 ofthe
Constitution ofIndia read with Section 482 Cr.P.C.for quashing ofthe FIR
No.3298/2015, registered at police station Mehrauli, under Section 307/34
IPC,on the complaintofrespondent no.2.
It is noted here that petitioners had earlier filed W.P.(Crl.)
2016:DHC:9124 No.1889/2016 for the same relief. However, on 12*'' July, 2016, learned counsel forthe petitioner prayed for withdrawal ofthe same,with liberty to file a fresh petition. Co-accused Dinesh Sejwal again filed W.P.(Crl.)
No.2456/2016 for quashing of the FIR but same was disposed of as withdrawn on 23"^'' August, 2016. Now, the petitioners have again approached this courtfor quashing of theFIR,which has beenregistered on the complaintofrespondentno.2and reads as under:-
"To, The Commissioner of Police, Police Headquarters, IP Estate, ITO, New Delhi, SUB:
Complaint against the culprits/offenders Manjeet
Sehrawat Abhisek Narayan @ William, Ashok @ Kale Sanjeev Sejwal @ Sanju, Aman Tewatia, Dinesh Sejwal @ Monu and other Associated goons for their attempt to kill the complaint/applicant on 07.02.2014. Sir/Madam, with due respect, I Rakesh Kumar malik Son of y Sh.Satbir Singh R/o VPO Karore,Tehsil-Sampla, Distt. Rohtak, Haryana, presently in judicial custody at Tihar Jail, in case FIR No.189/2014 of
PS Mehrauli, under sections 302/307/34 IPC read with 25/27/25(54)/59ofArms ActsubmitthatI am a permanent resident of Harayana at the above metioned address and I was employed as a private security guard at Metro Travels Freedom Fighter
Enclave, Mehrauli, Delhi. At abut 6.00-6:30 PM on 07.02.2014, I was passing through the way in front ofD-7,Freedom Fighter Enclave,Delhi and found that many a public person were gathered in front ofthe office D-7,Freedom Fighter Enclave, Mehrauli,Delhi. I also stood there amongthe mob for about 5-7 minutes and saw that about 18-20 young men having pistols, iron rods, Danda, Baseball sticks were brutally beating two young boys with their weapons, fists and kicks in the office at D-7,Freedom Fighter Enclave Mehrauli, Delhi. Out of those who were beating I knew some of them like Manjeet, Sanjeev, Sandeep, Paramjeet @ Mota, Aman Tewatia, Abhisek, Ashok and Dinesh as they were regular visitors of
Freedom Fighter Society in the office ofJay Ambe properties. Further, three assailants/culprits namely Manjeet Sherawat, Sanjeev Sejwal
&Paramjeet were having pistols in their hands and their other associated goons were having iron rods, baseball sticks and dandas in their hands means all the above named were armed. In the meantime
Paramjeet Singh @ Mota, having a pistol in his hands entered in the above said office, enlarging threats to kill those two boys. One of their associate threw chilli powder in the eyes of both the two persons and all of them again started beating both the young men. However, I along with two-three persons out of the mob tried to intervene the scuffle but of no avail as the above named culprits and some oftheir associated goons started beating me with their deadly weapons.
Manjeet Sehrawat fired upon me with a country made pistol but I succeeded to protect myselfand
Sanjeev Sejwalfired upon me with acountry made
(Katta)with the intention to kill me due to which I sustained multiple injuries with pallets on the right chest wall and rightthigh and on leftside. Further, all the above named culprits and their associated attacked upon me saying that, agar koi bhi beech me aaya toh use jaan se maar denge" and their other associated goons including Abhishek
Narayan @ William, Aman Tewatia, Ashok @ Kale and Dinesh Sejwal @ Monu started beating me with the dandas,iron rods and baseball sticks
\ due to which I sustained multiple dangerous injuries on my body. Dinesh Sejwal @ Monu attacked on my heads with iron rod and Aman
Tewatia attacked on my back with baseball stick. I tried to protect my life from the hands of the abovenamed culprits and their associated goons but failed as I fell on the ground due to injuries as about 10 to 12 people including the abovenamed culprits were brutally beating me. Further
Abhishek Narayan @ William and Ashok@Kale repeatedly attacked on my chest and other parts of my body and were saying,"Aaj isko nahi chhoma hai aur iski himmat kaise hui humen rokne ki". I received fire arm injuries from the hands of
Manjeet Sehrawat and Sanjeev Sejwal and many other injuries on my body from the hands ofabove named culprits and their associated goons and thereafter I got unconscious. Someone called the police and I regain consciousness at Saket City, Delhi and came to know that some police officials of PGR (100) brought me to the hospital in an unconscious condition. I told the doctors of the hospital that some known persons, with whom I had some arguments,had injured me. Further the police official came to the hospital on 08.02.2014 and recorded my statement and assured me to initiate a legal action against the above named culprits and their other associated goons for their attempt to kill me. The police official, who came to record my statement, told me that two persons had been killed in the said incident. I was discharged from the hospital on 11.02.2014. I had to continue my treatment due to the dangerous injuries and got treatment from Shiwash Hospital
Rohtak,Haryana and from Pt.B.D.Sharma PGIMS Rohtak, Haryana and then from Jail Prakash
Narayan Apex Trauma Centre(AIIMS)Delhi and remained under treatment till 12.03.2014 copies of r the medical prescriptions are annexed along with this compliant as "Annexure A". I met the police officials of PS Mehrauli, Delhi and asked them about their efforts as well as action taken against the culprits/offenders but of no avail except their assurances that on appropriate action would be taken against them for their criminal acts. I was shocked when the police officials arrested me in case FIR No.189/2014 u/s 302/307/34 IPC, PS
Mehrauli, Delhi on 11.03.2014 at the time when I reached at the police Station for confirming about the efforts ofpolice officials assured me as well as told me that an appropriate action would be taken against the above named culprits and their associates. I repeatedly requested the police officials about my innocence but of no avail as I have been arrested in the above mentioned case only due to the reason that the police officials of the local police station might have made their hands together with the complainants of the case
FIR No.189/14 PS Mehrauli. However,I am fully confident to prove my innocence in the above alleged case as levelled against me. I again confirm the legal action on the part of the local police officials against the culprits on 27.09.2014 in the Saket Court, Delhi on the date of my appearance before the Hon'ble Court in the above alleged case and came to know that no legal action has been taken against the culprits and hence this complaintis being filed for initiating a legal action against the culprits. Sir/Madam,I request to your kind office that an appropriate legal action may be taken against the above named culprit and their associated goons for their criminal acts to cause me dangerous injuries with the intention to kill me.
I will always be thankful to your kind office for initiating legal action against the culprits/offenders. I request to lodge and FIR against the culprits and conduct investigation to punish the culprits/offenders. SD-English,Rakesh
Dt.19.12.14,(Rakesh Kumar Malik).
Investigations are atthe primary stage. Specific allegations have been levelled by the respondent no.2 in the FIR disclosing the ingredients of offence under Section 307 IPC inasmuch as roles of the petitioners have been specifically mentioned. Respondent no.2 has alleged that petitioner
Manjeet Sehrawatfired at him while petitioner AshokPandit and co-accused beat him up by iron rods, baseball sticks and dandas. Statement of complainant,as contained in the FIR,hasto be taken as correct,atthis stage and cannot be discarded without trial. In State of U.P. Vs. V. R. K.
Srivastava and Anr., 1989 CrilLJ2301 it has been held that High Court can exercise its inherent jurisdiction of quashing a criminal proceeding, only whenthe allegations made in the FIR,do notconstitute an offence and thatit depends upon the facts and circumstances of each particular case. In
Kamaladevi Agarwal Vs. State of West Bengal & Ors., MANU/SC/0656/2001, it has been held that High Court, while exercising the power under Section 482 Cr.P.C.should be slow in interfering with the proceedings at the initial stage. Revisional or inherent powers ofquashing the proceedings at the initial stage should be exercised sparingly and only
V where the allegations made in the complaint or the FIR even iftaken it atthe face value and accepted in entirety, do not prima facie disclose the commission ofan offence.
In facts ofthe present case,I am ofthe view that no ground is made out for quashing ofthe FIR. Both the petitions are dismissed with costs of
^20,000/- (Rupees Twenty Thousand Only) each, to be deposited by the petitioners with the Delhi High CourtLegal Services Committee,within four weeks. a.k;pathak,j.
SEPTEMBER 05,2016/dk
05.09.2016 Petitioners have filed present writ petitions under Article 226 ofthe
Constitution ofIndia read with Section 482 Cr.P.C.for quashing ofthe FIR
No.3298/2015, registered at police station Mehrauli, under Section 307/34
IPC,on the complaintofrespondent no.2.
It is noted here that petitioners had earlier filed W.P.(Crl.)
2016:DHC:9124 No.1889/2016 for the same relief. However, on 12*'' July, 2016, learned counsel forthe petitioner prayed for withdrawal ofthe same,with liberty to file a fresh petition. Co-accused Dinesh Sejwal again filed W.P.(Crl.)
No.2456/2016 for quashing of the FIR but same was disposed of as withdrawn on 23"^'' August, 2016. Now, the petitioners have again approached this courtfor quashing of theFIR,which has beenregistered on the complaintofrespondentno.2and reads as under:-
"To, The Commissioner of Police, Police Headquarters, IP Estate, ITO, New Delhi, SUB:
Complaint against the culprits/offenders Manjeet
Sehrawat Abhisek Narayan @ William, Ashok @ Kale Sanjeev Sejwal @ Sanju, Aman Tewatia, Dinesh Sejwal @ Monu and other Associated goons for their attempt to kill the complaint/applicant on 07.02.2014. Sir/Madam, with due respect, I Rakesh Kumar malik Son of y Sh.Satbir Singh R/o VPO Karore,Tehsil-Sampla, Distt. Rohtak, Haryana, presently in judicial custody at Tihar Jail, in case FIR No.189/2014 of
PS Mehrauli, under sections 302/307/34 IPC read with 25/27/25(54)/59ofArms ActsubmitthatI am a permanent resident of Harayana at the above metioned address and I was employed as a private security guard at Metro Travels Freedom Fighter
Enclave, Mehrauli, Delhi. At abut 6.00-6:30 PM on 07.02.2014, I was passing through the way in front ofD-7,Freedom Fighter Enclave,Delhi and found that many a public person were gathered in front ofthe office D-7,Freedom Fighter Enclave, Mehrauli,Delhi. I also stood there amongthe mob for about 5-7 minutes and saw that about 18-20 young men having pistols, iron rods, Danda, Baseball sticks were brutally beating two young boys with their weapons, fists and kicks in the office at D-7,Freedom Fighter Enclave Mehrauli, Delhi. Out of those who were beating I knew some of them like Manjeet, Sanjeev, Sandeep, Paramjeet @ Mota, Aman Tewatia, Abhisek, Ashok and Dinesh as they were regular visitors of
Freedom Fighter Society in the office ofJay Ambe properties. Further, three assailants/culprits namely Manjeet Sherawat, Sanjeev Sejwal
&Paramjeet were having pistols in their hands and their other associated goons were having iron rods, baseball sticks and dandas in their hands means all the above named were armed. In the meantime
Paramjeet Singh @ Mota, having a pistol in his hands entered in the above said office, enlarging threats to kill those two boys. One of their associate threw chilli powder in the eyes of both the two persons and all of them again started beating both the young men. However, I along with two-three persons out of the mob tried to intervene the scuffle but of no avail as the above named culprits and some oftheir associated goons started beating me with their deadly weapons.
Manjeet Sehrawat fired upon me with a country made pistol but I succeeded to protect myselfand
Sanjeev Sejwalfired upon me with acountry made
(Katta)with the intention to kill me due to which I sustained multiple injuries with pallets on the right chest wall and rightthigh and on leftside. Further, all the above named culprits and their associated attacked upon me saying that, agar koi bhi beech me aaya toh use jaan se maar denge" and their other associated goons including Abhishek
Narayan @ William, Aman Tewatia, Ashok @ Kale and Dinesh Sejwal @ Monu started beating me with the dandas,iron rods and baseball sticks
\ due to which I sustained multiple dangerous injuries on my body. Dinesh Sejwal @ Monu attacked on my heads with iron rod and Aman
Tewatia attacked on my back with baseball stick. I tried to protect my life from the hands of the abovenamed culprits and their associated goons but failed as I fell on the ground due to injuries as about 10 to 12 people including the abovenamed culprits were brutally beating me. Further
Abhishek Narayan @ William and Ashok@Kale repeatedly attacked on my chest and other parts of my body and were saying,"Aaj isko nahi chhoma hai aur iski himmat kaise hui humen rokne ki". I received fire arm injuries from the hands of
Manjeet Sehrawat and Sanjeev Sejwal and many other injuries on my body from the hands ofabove named culprits and their associated goons and thereafter I got unconscious. Someone called the police and I regain consciousness at Saket City, Delhi and came to know that some police officials of PGR (100) brought me to the hospital in an unconscious condition. I told the doctors of the hospital that some known persons, with whom I had some arguments,had injured me. Further the police official came to the hospital on 08.02.2014 and recorded my statement and assured me to initiate a legal action against the above named culprits and their other associated goons for their attempt to kill me. The police official, who came to record my statement, told me that two persons had been killed in the said incident. I was discharged from the hospital on 11.02.2014. I had to continue my treatment due to the dangerous injuries and got treatment from Shiwash Hospital
Rohtak,Haryana and from Pt.B.D.Sharma PGIMS Rohtak, Haryana and then from Jail Prakash
Narayan Apex Trauma Centre(AIIMS)Delhi and remained under treatment till 12.03.2014 copies of r the medical prescriptions are annexed along with this compliant as "Annexure A". I met the police officials of PS Mehrauli, Delhi and asked them about their efforts as well as action taken against the culprits/offenders but of no avail except their assurances that on appropriate action would be taken against them for their criminal acts. I was shocked when the police officials arrested me in case FIR No.189/2014 u/s 302/307/34 IPC, PS
Mehrauli, Delhi on 11.03.2014 at the time when I reached at the police Station for confirming about the efforts ofpolice officials assured me as well as told me that an appropriate action would be taken against the above named culprits and their associates. I repeatedly requested the police officials about my innocence but of no avail as I have been arrested in the above mentioned case only due to the reason that the police officials of the local police station might have made their hands together with the complainants of the case
FIR No.189/14 PS Mehrauli. However,I am fully confident to prove my innocence in the above alleged case as levelled against me. I again confirm the legal action on the part of the local police officials against the culprits on 27.09.2014 in the Saket Court, Delhi on the date of my appearance before the Hon'ble Court in the above alleged case and came to know that no legal action has been taken against the culprits and hence this complaintis being filed for initiating a legal action against the culprits. Sir/Madam,I request to your kind office that an appropriate legal action may be taken against the above named culprit and their associated goons for their criminal acts to cause me dangerous injuries with the intention to kill me.
I will always be thankful to your kind office for initiating legal action against the culprits/offenders. I request to lodge and FIR against the culprits and conduct investigation to punish the culprits/offenders. SD-English,Rakesh
Dt.19.12.14,(Rakesh Kumar Malik).
Investigations are atthe primary stage. Specific allegations have been levelled by the respondent no.2 in the FIR disclosing the ingredients of offence under Section 307 IPC inasmuch as roles of the petitioners have been specifically mentioned. Respondent no.2 has alleged that petitioner
Manjeet Sehrawatfired at him while petitioner AshokPandit and co-accused beat him up by iron rods, baseball sticks and dandas. Statement of complainant,as contained in the FIR,hasto be taken as correct,atthis stage and cannot be discarded without trial. In State of U.P. Vs. V. R. K.
Srivastava and Anr., 1989 CrilLJ2301 it has been held that High Court can exercise its inherent jurisdiction of quashing a criminal proceeding, only whenthe allegations made in the FIR,do notconstitute an offence and thatit depends upon the facts and circumstances of each particular case. In
Kamaladevi Agarwal Vs. State of West Bengal & Ors., MANU/SC/0656/2001, it has been held that High Court, while exercising the power under Section 482 Cr.P.C.should be slow in interfering with the proceedings at the initial stage. Revisional or inherent powers ofquashing the proceedings at the initial stage should be exercised sparingly and only
V where the allegations made in the complaint or the FIR even iftaken it atthe face value and accepted in entirety, do not prima facie disclose the commission ofan offence.
In facts ofthe present case,I am ofthe view that no ground is made out for quashing ofthe FIR. Both the petitions are dismissed with costs of
^20,000/- (Rupees Twenty Thousand Only) each, to be deposited by the petitioners with the Delhi High CourtLegal Services Committee,within four weeks. a.k;pathak,j.
SEPTEMBER 05,2016/dk
JUDGMENT