MOOL CHAND GARG, J.

1. This common order shall dispose of the aforesaid two petitions filed under Section 482 Cr.P.C. read with Article 226 of the Constitution of India registered as Crl.M.C.No. 2344/2004 and Crl.M.C.No.354/2005 respectively, both arising out of the same incident which occurred around the midnight of 31.8.2000 /01.09.2000, seeking quashing of:

(i) FIR bearing No. 628/2000 under Section 302/307 IPC registered at P.S. Shalimar Bagh against Shri Brij Bhushan the petitioner in Crl.M.C. No. 2344/2004 (hereinafter referred to as the Custom Officer) and

(ii) FIR bearing No. 295/2000 under Sections 186/353/332/364/365/506/34 IPC read with Section 27 of the Arms Act registered at P.S. Karol Bagh New Delhi against Shri Vikas Thukral and others (hereinafter referred to as Thukrals) petitioners in Crl.M.C. No. 354/2005 at the instance of the Custom Officer as well as the proceedings arising therefrom respectively.

2. Brief facts, giving rise to filing of FIR No. 628/2000 registered at the instance of Shri Vikas Thukral are:

(i) That on 31.08.2000 at about 9.30 – 10.00 PM, Vikas Thukral was getting a truck unloaded consisting of plastic wheel covers with valid invoices and challans when the Custom Officer posing himself an Inspector (Customs) approached him and stated that he had the information that the containers mounted on the truck were containing smuggled goods. Despite Vikas Thukral informing the Custom Officer that the goods being unloaded were plastic wheel covers, showing invoices and challans in respect thereof and at his instance having also opened about 20 boxes in random which contained plastic wheel covers, the Custom Officer kept on intervening and asked Vikas Thukral to call his father and some other elder person from his house. At this Shri Vikas called his father who came along with other persons who are petitioners in Crl.M.C. No. 354/2005 as also along with Subhash Rana (the deceased) at the go-down. They also talked to the Custom Officer who expressed displeasure with intent to extract some illegal gratification at which some altercation took place between them.

(ii) That at this Thukrals got suspicious and asked for the correct identity of the Custom Officer who disclosed his identity as a Custom Officer and also stated that his residence was in Pitampura and asked Thukrals to accompany him for settling the matter. At this Thukrals along with Custom Officer boarded in two vehicles as custom officer was not having any vehicle. On the way to Pitampura the Custom Officer is stated to have asked Thukrals to stop the car on the pretext of urination and after going ahead a little, he took out a pistol from pocket of his pant and fired number of shots. One of the bullet hit Mr. Subhash Rana whereas the others saved themselves by hiding. The custom officer also took away Maruti Zen Car No. DL 3CA 3096 of Vikas Thukral and fled from the spot. That immediately after the incident Vikas Thukral informed the PCR on No. 100 & narrated the story that the Custom Officer had attacked by firing with his service pistol and seriously injured Mr. Subhash Rana (now deceased) who was then taken to Sarvodaya Hospital Pitampura. The PCR then informed the police post Pitampura where DD No. 7A was recorded at 1.30 AM about the firing of shots near H.No. 219, SU Block, Pitampura and the assailant had fled after snatching the car. SI Raj Pal Singh reached Sarvodaya Hospital and collected MLC No. 308 of Subhash Rana who was declared unfit for statement. SI after doing the preliminary investigation sent a rukka to the police station and recommended registration of a case. Accordingly, FIR No. 628/2000 under Section 307 was registered against custom officer at PS Shalimar Bagh (subject matter of Cr.M.C. 2344/2004), cross case. The injured Subhash Rana was then referred to RML where he succumbed to his injuries and thereafter on receiving the information of his death Section 302 was added.

3. Theraft