PRADEEP NANDRAJOG, J.

1. Akbar was admitted at GTB Hospital on 19.3.2003. Medical record prepared at time of admission in the hospital records that Akbar was suffering from acute pulmonary-cum-respiratory disorder and was complaining of acute breathlessness. Past history of Akbar was recorded by noting that he was a known smoker and was an alcoholic. Akbar remained an indoor patient till 21.3.2003. He expired on 21.3.2003 at about 1.40 pm. Death certificate recorded cause of death : OPD Carpulmnaire with hypotemensia; (meaning thereby, Chronic obstructive disease with enlarged heart and septicimia and low blood pressure).

2. Mohd.Iqbal Ghazi lodged a complaint with the Commissioner of Police on 4.6.2003 alleging that Akbar was murdered by Sh.Vivek Gogia, DCP North-East District, Delhi and Sh.Gurcharan Das, SHO PS Seelampur. He alleged that the local police had registered numerous false cases against his son and that pertaining to one such false case being FIR No.212/2000, Sh.Vivek Gogia and Sh.Gurcharan Das were pressurizing Akbar to give false evidence. He alleged that Akbar resisted the pressure from the said police officers. He alleged that proceedings pertaining to FIR No.212/2000 were to be taken up by Sh.Sanjeev Aggarwal, Metropolitan Magistrate, Delhi on 27.2.2003 and that Akbar reached the Court intending to tell the truth to the learned Metropolitan Magistrate but could not do so as the learned Magistrate was on leave. He stated that on 27.2.2003 itself, Akbar swore an affidavit before an Oath Commissioner recording:-

3. That yesterday night SHO Seelampur, Shri Gurbachan Das came along with five police personnels asked me to appear before the Court on the date fixed. Today, I stated him that I do not know anything in the aforesaid FIR therefore, I cannot make any statement. He read over the FIR to me and threatened me to give the statement in accordance with the allegations made in the FIR. He further said that in case if he did not give the statement he and his wife will be murdered and their bodies shall be thrown in Jamuna, nobody on earth ever can identified their bodies.

4. That my life and the life of my wife is in danger if any untowards incident took place then for such an incident the SHO Police Station Seelampur, Mr.Gurcharan Das and other police personnel of Seelampur, Delhi should be responsible. 3. Mohd.Iqbal Ghazi further alleged in his complaint that on 4.6.2003 he learnt that Akbar had died and that when he went to Akbars house, he learnt from the children of Akbar that Akbar remained untraceable from 17.3.2003 to 19.3.2003 and that Akbar was found lying unconscious next to his house in the morning and was removed to GTB Hospital where he died on 21.3.2003. He stated that Akbars children gave him some papers which included the affidavit dated 27.2.2003. 4. The aforesaid complaint was enquired into and it was reported that the same was false. The said report was premised on a statement of Smt.Raheesan, wife of Akbar, recorded by the police during enquiry and the medical record of GTB Hospital. In her statement, Smt.Raheesan stated that her husband died due to prolonged illness. The medical record ruled out any torture and on the contrary recorded cause of Akbars death as afore-noted in para 1 above.

5. Mohd.Iqbal Ghazi thereupon filed a complaint before Metropolitan Magistrate on 25.7.2003 alleging same facts as were stated in his complaint dated 4.6.2003. He alleged that his complaint evidenced commission of the cognizable offence of Akbars murder. He alleged that the police was bound to register an FIR under Section 302 IPC and investigate the matter. He prayed that the accused i.e. Vivek Gogia, DCP and Gurcharan Das be summoned, tried and punished according to law. Along with the said complaint, Mohd.Iqbal Ghazi filed an application under Section 156 (3) Cr.P.C. praying:- a. Direct the SHO of Police Station, Seelampur, Delhi to investigate the matter thoroughly and to lodge FIR against the accuse

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