The court upheld lower courts' discretion in denying FIR registration, ruling that the petitioner had sufficient evidence and means to substantiate his claims without police assistance.

JUDGMENT

RAVINDER DUDEJA, J.

1. The present petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita ,[ BNSS ], 2023 (erstwhile Section 482 of Cr.P.C.), seeking registration of FIR and for setting aside the impugned order dated 24.05.2024, whereby, the learned Sessions Judge was pleased to dismiss the Criminal Revision Petition bearing No. 662/2023 and upheld the order dated 16.08.2023, passed by the Metropolitan Magistrate, dismissing, the petitioner’s application under Section 156 (3) of Code of Criminal Procedure[Cr.P.C.] in Complaint Case No. 1128/2023.

Brief facts:

2. Petitioner is an IRS Officer of 2010 Batch while Respondents No. 2 & 3 are IAS Officers.

3. Case FIR No. 53/2023 dated 16.05.2023 under Section 354 /354- D/506/509 Indian Penal Code [I.P.C.] was registered on the complaint of respondent No. 3 at Police Station Parliament Street on 16.05.2023 with allegations that petitioner had been stalking the complainant unilaterally since 26.01.2023. She and her husband called the police. Petitioner was apprehended from the spot and was taken to Police Station Parliament Street. His mobile phone and an Archies Diary, containing love messages were seized from the spot.

4. Petitioner was arrested on 19.05.2023 and granted bail on 20.05.2023. After conclusion of investigation, charge sheet was filed against him and the matter is pending trial before the court.

5. Petitioner also lodged a complaint dated 16.05.2203, addressed to the DCP, alleging commission of criminal offences against him by respondents No. 2 to 4. Since no action was taken on such complaint, he filed a complaint under Section 200 Cr. PC along with an application under Section 156 (3) Cr. PC, seeking direction for registration of an FIR for the offences punishable under Sections 342 /347/355/357/325/ 308/392/394/397/506/120-B/34 IPC and under Sections 43 /66/75 of Information Technology Act , 2000 and further illegal act of insulting the national emblem of India, attracting provisions of Prevention of Insult to National Honours Act , 1971 and Section 124-A .

6. As per allegations in complaint, petitioner came in contact with respondent No. 3 during Covid-19 Pandemic in March-April, 2020, both being involved in social work as a Covid Support Group. Over the period of years from 2020 to 2023, there was regular communication and coordination between them for social, charitable and personal work. They became good friends and started communicating and meeting each other frequently. The relationship between them was cordial and many a times, gifts were exchanged between the two. When respondent No. 2, who is the husband of respondent No. 3, came to know about their friendship, he became furious. He called the petitioner to meet him at Connaught Place near Haldiram Restaurant. When the petitioner reached there, he was abused by respondent No. 2 with cuss words and religious slurs and threatened not to communicate with respondent No. 3. He forcibly took the mobile phone of the petitioner and deleted the messages exchanged between respondent No. 3 and the petitioner.

7. Respondents No. 2 & 3 visited the residence of petitioner 2-3 times in the month of April-May 2022 and during such visits, respondents No. 2 would abuse the petitioner with religious slurs and threatened to finish his career and kill his family members.

8. On 31.07.2022, respondents No. 2 & 3 again visited the rented house of the p