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2009 Supreme(Del) 243

MOOL CHAND GARG
Yogesh Gupta – Appellant
Versus
Secretary (Home), NCT of Delhi – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Kunwar C.M. Khan, Adv.
For Respondents/Defendant: Mukta Gupta, APP and Insp. Raj Kumar

JUDGMENT

Mool Chand Garg, J.

1. This petition raises a substantial question of law as to whether:

i) The police can refuse to register an FIR on a complaint made by the complainant disclosing a cognizable offence under Section 154 Cr.P.C.

ii) What remedies are available with the complainant on refusal to register an FIR.

iii) What are the remedies available to the complainant who is aggrieved by the acquittal of the accused persons on the basis of a trial, which proceeds on an FIR which was registered against persons other than Sh. Anil Gupta.

iv) Is it necessary to direct registration of a second FIR in the facts of this case despite availability of a remedy under Section 200 of the Code of Criminal Procedure (Cr.P.C.).

2. Briefly stating the facts giving rise to the filing of present petition are:

i) In an unfortunate incident held on 13.02.2004 at 09:30 pm., One Surender Gupta was assaulted and grievous injuries were caused on his person and because of the same he succumbed to the injuries.

ii) In respect of the aforesaid incident an FIR bearing No. 113/2007 was registered under Section 302 IPC on a complaint filed by respondent No. 1, Sh. Brij Mohan Gupta.

iii) The said FIR was














































































































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