JUDGMENT

"Index to the Judgment"

FACTUAL BACKDROP

ARGUMENTS OF THE PETITIONER

ARGUMENTS OF THE RESPONDENTS

WHEN CAN A MAGISTRATE DIRECT REGISTRATION OF FIR

I. Law of Section 156(3) Cr.P.C.

II. Essential Pre-conditions While Directing Registration of FIR under Section 156(3)

(i) Disclosure of Cognizable Offence

(ii) Application of Judicial Mind

(iii) Necessity to pass Speaking Order

EXAMINING THE PRESENT CASE ON THE TOUCHSTONE OF ABOVE INGREDIENTS

I. Preliminary Inquiry in Present Case: Examining Action Taken Report

II. Whether commission of cognizable offences are disclosed against the petitioner?

(i) Function of Pleadings

III. Whether impugned order reflects application of judicial mind?

(i) Importance of Reasoned Order

LAW ON VICARIOUS LIABILITY IN CRIMINAL CASES

UNLIMITED MAGISTERIAL POWER DOES NOT MEAN UNFETTERED POWER

POWERS OF THE HIGH COURT UNDER SECTION 482 CR.P.C

I. Judicial Precedents in a Nutshell

II. What is Abuse of Process of Law

III. Sufficiency or Insufficiency of Incriminating material viz. Abuse of Process of Law

IV. Striking balance between interest of the complainant and reputational injury to the unheard proposed accused

THE CONCLUSION OF THE COURT

BEFORE PARTING WITH THIS CASE

Swarana Kanta Sharma, J. 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.

4. The grievance of the respondent no. 1, however, relates to an incident dated 09.07.2019, which allegedly took place on the occasion of `Pran Pratishtha' of idols of Hindu Gods and Goddesses. As per respondent no. 1, a public meeting had been organised by Vishwa Hindu Parishad at Lal Kuan Hauz Qazi, Delhi, where one Swami ji (identity unknown) had come to Delhi from Kashi and had delivered a speech, alleged to be provocative and being the centre of entire controversy in the present case.

5. Affronted by the abovesaid speech, respondent no. 1 had filed a complaint with the concerned SHO, with a copy to Deputy Commissioner of Police, Daryaganj as well as to Commissioner of Police, whereby he had alleged that the remarks made by unknown Swami ji in his speech delivered on 09.07.2019 were prima facie covered under