Ram Babu v. State Of NCT Of Delhi & ORS

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAM BABU ..... Petitioner Represented by:

None versus STATE OF NCT OF DELHI & ORS ..... Respondent Represented by:

Ms. Kamna Vohra, ASC with Insp. Rajeev Ranjan, ASI Sabu PS New Usmanpur.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 07.02.2018 Despite pass-over none appears on behalf of the petitioner. By this petition the petitioner has sought directions to the respondent No.2 to take appropriate action against the respondent No.3 who is allegedly misusing his position as SHO and threatening the petitioner and his family members; and a direction not to implicate the petitioner, his family members and relatives in false cases. The petitioner also alleges about an incident of 9th August, 2017.

On a notice being issued a status report is filed. As per the status report on 9th August, 2017 a PCR call was received which was registered vide DD No. 38 B regarding quarrel. On reaching the spot ASI Mahender

Pal found one damaged motorcycle and one iron pipe. The injured had been taken to Jag Pravesh Chandra Hospital. MLC of the injured Radhey Krishan was collected and the Doctor opined the nature of injuries as simple. Statement of Radhey Krishan/complainant was recorded who stated that he was running a general store and at about 1.15 PM on the said date while he was going on his motorcycle to receive his son from the school and reached near Gautam Vihar Chowk, Fateh Singh Marg, one person namely Johny (son of the petitioner) along with his two associates stopped his way and started beating him with wooden sticks and iron pipes. The assailants also damaged the motorcycle of the complainant and threatened the complainant.

While the complainant tried to escape and started running from there, the petitioner met him and he also threatened Radhey Krishan to withdraw the earlier case got registered by his nephew against the petitioner, Prem and Sanjay and asked them to turn hostile in the said case which was pending evidence i.e. FIR No. 351/2017 under Sections 452/323/34 IPC at PS New Usmanpur. On the complaint of Radhey Krishan FIR No.820/2017 under Sections 195A/323/341/427/506/34 IPC was registered. A further status report has also been handed-over which is taken on record. As per the status report the petitioner is the B.C. of the Police Station New Usmanpur and 27 cases have been registered against him in different Police Stations.

It is thus apparent that the petitioner and his associates not only caused injuries to the relative of a witness in another FIR but also threatened him to withdraw the case and not to depose against them. The allegations against the petitioner and his family members are serious in nature and no

directions can be given to the SHO not to register cases against the petitioner and his family members in case they are involved in the same. Be that as it may, since none is present on behalf of the petitioner despite pass-over, petition is dismissed for non-prosecution. MUKTA GUPTA, J.

FEBRUARY 07, 2018 'ga'