The Delhi High Court set aside a trial court order directing the Delhi Police to register an FIR against Vishwa Hindu Parishad leader Alok Kumar.

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 10.04.2023

Pronounced on: 21.07.2023

CRL.M.C. 1463/2020 & CRL.M.A. 5732/2020

ALOK KUMAR                                                                                                                                                                                             ..... Petitioner

Through: Mr. Mohit Mathur, Senior

Advocate, with Mr. Abhishek

Atrey, Ms. Manisha Agarwal,

Mr. Varun Maheshwari, Mr.

Amit Kumar Singh, Mr. Manan

Soni, Mr. Rahul Madan, Mr.

Deepak Mittal, Mr. Rabi

Kumar, Mr. Divyansh

Vajpayee, Ms. Rakshita Goyal,

Mr. Sandeep Singh, Mr. Ajay

Saini and Mr. Sumit Mishra,

Ms.Nirmala Singh and Mr.

Harsh Gautam, Advocates

versus

HARSH MANDER & ANR.                                                                                                                                                                           ..... Respondents

Through: Mr. Daniyal Khan, Advocate

for R-1 Mr. Satish Kumar, APP for the

State with Inspector Amit

Kumar, P .S. Hauz Qazi

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

J U D G M E N T

SWARANA KANTA SHARMA, J.

1. This petition has been filed on behalf of petitioner under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter ‘Cr.P.C.’) seeking indulgence of this Court for quashing of impugned order dated 18.02.2020, whereby the Station House Officer (hereinafter ‘SHO’), Police Station Hauz Qazi, Delhi was directed to register an FIR under appropriate sections of law on the basis of complaint filed by respondent no. 1. The petitioner is aggrieved that the complaint was purely malicious and motivated questioning his patriotism and injuring his reputation without any reason and prays that this Court not only examine the same but also initiate proceedings under Section 182 Cr.P.C. against respondent no. 1.

2. By way of this judgment, this Court aims to examine the issue at the core of the petition i.e. whether the order passed under Section 156(3) Cr.P.C. directing registration of the FIR merits quashing or not.

FACTUAL BACKDROP

3. Briefly stated, the story narrated in the application filed under Section 156(3) Cr.P.C. by respondent no. 1 was in the backdrop of an incident that allegedly took place on 01.07.2019 at 12:34 AM, when a PCR call was received regarding a quarrel that had taken place at Mandir Wali Gali, Lal Kuan, Hauz Qazi, Delhi on the issue of parking. The police upon reaching the spot, had found that some Muslim youth had broken the glass windows and idols of Hindu Gods and Goddesses at Durga Mandir, Lal Kuan Hauz Qazi, Delhi and had gathered outside the temple for raising pro-Islam slogans. Consequently, the police had registered an FIR bearing no. 90/2019 at P.S. Hauz Qazi on 01.07.2019, initially under Sections 147/148/149/295/34 of Indian Penal Code, 1860 (hereinafter ‘IPC’), and subsequently, Sections 186/353/332/153A(2)/ 436 of IPC were also incorporated into the same FIR. During the course of investigation, a total of 18 accused, including 09 Children in Conflict with Law (CCL), were arrested/ apprehended.

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