Sanjay Arora v. C B I & ANR

$~R-38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1724/2014 SANJAY ARORA ..... Petitioner Represented by:

None versus C B I & ANR ..... Respondents Represented by:

Mr.Sanjeev Bhandari, Special Public Prosecutor with Mr.Manoj Bhandari, Advocate

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

O R D E R

% 31.05.2016 1.

Purporting to be a champion of upholding the rule of law, petitioner seeks registration of FIR by the Central Bureau of Investigation alleging unauthorized construction by the management of DAV Public School, Shrestha Vihar, New Delhi; grievance being that Municipal Engineers are overlooking the same.

2.

The petition does not disclose as to why CBI should be directed to register the FIR.

3.

Besides I find that the officers of the Municipal Corporation of Delhi against whom petitioner wants FIR to be registered have not even been made a party in the instant writ petition.

W.P.(CRL) 1724/2014

4.

Besides, it is highly doubtful that under Article 226 of the Constitution of India a Court can direct FIR to be registered. 5.

The remedy of the petitioner is to approach the learned Metropolitan Magistrate concerned, by filing a complaint under Section 200 Cr.P.C. and if permissible seek a remedy under Section 156(3) of the Code of Criminal Procedure. This is the law declared in the decision reported as 2008 (1) JCC 113 Sakiri Vassu Vs. State of UP.

6.

Be that as it may, since none appears for the petitioner at the hearing today the writ petition is dismissed for non-prosecution. 7.

No costs.

PRADEEP NANDRAJOG, J.

MAY 31, 2016 mamta W.P.(CRL) 1724/2014