Order 12

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF MS. JYOTI NAIN
JUDICIAL MAGISTRATE FIRST CLASS-07, NORTH DISTRICT,
ROHINI COURTS, DELHI.
Ct. Cases 2113/2023
Rajesh Kumar Vs. SI Azad, No.2429-D
PS Jahangir Puri
Rajesh Kumar ... Complainant
Vs.
SI Azad ... Respondent
29.11.2025
ORDER
Present: Complainant with Ld. Counsel appeared through VC.
1. It is the case of the complainant that he is a practicing lawyer while
alleged no. 2 & 3 are residing in the vicinity of the complainant and they
developed enmity with him without any sufficient cause and reason.
On 19.05.2023 at about 4 to 5 pm, the complainant was returning
from his work place, Tis Hazari Courts, Delhi to his house and the way to
the complainant’s home is from the street of alleged no. 2 & 3. On seeing
the complainant, alleged no. 2 stopped his way and started abusive him
with filthy language. When objected, alleged no. 2 started slapping the
complainant on his face. In the meantime, alleged no. 3, who is father of
alleged no. 2, also reached there and both alleged no. 2 & 3 beat the
complainant badly with kick and fist blows. Thereafter, alleged no. 2 with
help of some sharp edged weapon also gave blow on the left leg of the
complainant and caused grievous injury on his left leg.
It is alleged that the complainant somehow saved himself and
rushed towards his house but alleged no. 2 & 3 also chased him and
abused him in filthy language. On hearing noise, complainant’s sister
Yogita came at the door and requested alleged no. 2 & 3 not to use such
language. On this alleged no. 2 & 3 used abusive and filthy language
against his sister. Alleged no. 2 also pushed his sister by putting his hands
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on her breasts and also scratched her breasts and threatened to kill the
complainant. Thereafter, complainant made a call at No. 100 and PCR
van came there and complainant and his sister narrated all incident to the
police and police brought the complainant to BJRM hospital, where MLC
of complainant was prepared. Sister of the complainant got herself
medically examined and scratches were found on her body. It is further
alleged that the complaint was handed over to IO SI Azad / alleged no. 1
but he did not take any action. On 20.05.2023, alleged no. 1/IO made
telephone call to the complainant and told that he had arrested alleged no.
2 & 3 and instructed him to come at police station. Accordingly, he
alongwith his sister reached PS and found that both the alleged no. 2 & 3
were laughing with alleged no. 1 and on seeing the complainant, the
alleged no. 1 took the complainant in a separate room and started putting
pressure upon him to withdraw his complaint but the complainant refused
to withdraw the same and also apprised alleged no. 1 that he is an
Advocate and knows the law and that alleged no.1 cannot act in such a
manner. On this, alleged no. 1 gave 4-5 slaps on the face of the
complainant and said “
Teri Vakalat Pichware Main Daal Dunga, Abhi
Dekh Tere Saath Mai Kya-Kay Karta Hoon”. Thereafter, alleged no. 1
called other police officials, who held both the hands of the complainant
and the alleged no. 1 took a
danda (
patte wala) and gave 20-25 blows on
complainant’s hip portion and threatened him to implicate him in various
false criminal cases so that the complainant may not make any complaint
against alleged no. 1 Nitin.
That the complainant made a complaint dated 22.05.2023 to the
Chief Minister, Commission of Police, DCP, Ashok Vihar, ACP and
SHO PS Jahangir Puri and another complaint dated 09.06.2023 to the
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Inspector ( Vigilance ), another complaint dated 27.06.2023 but no action
has been taken.
It is alleged that on 24.07.2023 at about 7:40-8:00 pm, a call was
received on complainant’s mobile phone whereby he was instructed to
send his sister Yogita at PS but he refused the same because it was night
and when complainant made enquiry from the caller, then alleged no. 1
picked up the call and started using abusive and filthy language against
the complainant and also threatened him that he will again beat and kill
him with the help of his associates, finding no other way, the complainant
made another complaint dated 04.08.2023 to the SHO PS Jahangir Puri,
Delhi and also copy to DCP, Ashok Vihar and Lt. Governor.
That despite filing of police complaint, FIR has not been registered
in the present case, thus the present application u/s 156 (3) Cr.P.C.
2. Status report was also called from the concerned PS. Arguments
have been heard comprehensively from counsel for the complainant. I
have also perused the status report as well as the entire documents on
record.
3. Submissions heard. Record perused.
4. FIR is a bundle of information for initiation of legal machinery. It
is the duty of police officials to register an FIR whenever they receive
information regarding commission of cognizable offence. In the present
case, police investigation is required.
Accordingly, application is allowed. SHO, PS Jahangir Puri is
directed to register a FIR against the alleged person and to conduct
investigation in accordance with law. The police shall investigate the
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matter impartially and in accordance with law. The police shall not be
bound or be influenced by any observation on merits made herein above
and may draw its own conclusions based on its investigation. The order
shall also not be construed as a finding of involvement or guilt of any
person in the commission of any offence. This order shall not be treated
as a direction to file a charge sheet against the alleged person. The police
shall be at liberty to file a cancellation report in case it finds that no
offence has been committed by alleged persons.
The application is allowed and disposed of and be tagged with the
final report of the investigation as and when filed.
Let copy of this order be sent to SHO PS Jahangir Puri for
compliance.
Put up for filing of compliance report on 19.12.2025.
(Jyoti Nain)
Judicial Magistrate First Class -07 (North)
Rohini Courts/Delhi/29.11.2025
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