Metropolitan Magistrate Sumedh Kumar Sethi asked the station house officer (SHO) of Sultan Puri police station here to register a criminal case against Constable Rajesh, who had allegedly attacked the family on March 26 this year when they were parking their car after returning from a marriage.
The order came on a plea by Raghu Nath Pawar who had moved the court for registration of an FIR against the constable, saying that when he along with his family members were parking the car, Rajesh came there in drunken state and snatched the keys of the vehicle from his brother.
Pawar alleged Rajesh tried to take away the car and when objected, he abused and assaulted them. When his other family members tried to intervene, the constable manhandled his brother and mother as well, Pawar added in his complaint.
During hearing of Pawar's plea, the police filed an action -taken-report saying when Rajesh objected to the manner in which Pawar was parking his car, a scuffle broke out between them and it was Rajesh who was manhandled after which an FIR was also registered against the complainant.
The court, however, relied on the medical records of Pawar and his family members which showed they had received injuries and also on the fact that Rajesh was non-cooperative for the alcohol metre test.
"It goes without saying complainant (pawar) approached various police authorities but in vain. All ingredients for directions to be given U/s 156(3) of the CrPC are satisfied.
"...Therefore, SHO is directed to register an FIR under appropriate provisions of law and conduct investigation regarding the offence committed by respondent no. 1 (Rajesh)," the court said. (More)