KASHMIRI LAL vs STATE & ANR.

Judgment text excerpt

IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on:07.05.2025 + CRL.REV.P. 426/2023 KASHMIRI LAL .....Petitioner versus STATE & ANR. .....Respondents Advocates who appeared in this case: For the Petitioner : Mr. Ashutosh Kaushik, Advocate. For the Respondent : Mr. Naresh Kumar Chahar, APP for the State. SI Bharat Singh (P.S. Uttam Nagar). CORAM HON’BLE MR JUSTICE AMIT MAHAJAN JUDGMENT 1. The present petition has been filed assailing the order dated 12.01.2023 (hereafter ‘the impugned order’) passed by the learned Additional Sessions Judge-02, South-West District, Dwarka Courts, New Delhi, in Complaint Case No. 491/2022 titled Kashmiri Lal & Ors. v. Arun Kumar. 2. The learned ASJ, by the impugned order, dismissed the application filed by the petitioner under Sections 156(3) and 200 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking registration of FIR and summoning of Respondent No.2, for alleged offences Signature Not Verified Signed By:HARMINDER KAUR CRL.REV.P. 426/2023 Page 1 of 13 Signing Date:14.05.2025 11:08:52 under Sections 182/193/211 of the Indian Penal Code, 1860 (‘IPC’) and Section 3(1)(p) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (‘SC/ST Act’). 3. The facts giving rise to the present petition are that the petitioner is a member of a Scheduled Caste, as evidenced by a caste certificate placed on record. His son was operating a motorcycle repair shop in Uttam Nagar, New Delhi, in the year 2010. Respondent No. 2, Arun Kumar, was at the relevant time posted as a Head Constable with the Delhi Police. 4. According to the petitioner, on 26.12.2010, the respondent visited the garage for motorcycle repairs and upon being asked to pay the service charges, allegedly refused and began hurling caste-based abu