In the complaint furnished by the complaint Shri R.N. Sharma, he had clearly mentioned about an offence against Deepak Misra, Police, in the formal FIR recorded, has not mentioned in the column No. 3 the offence committed by him, nor his name is mentioned in Column No. 5, which shows the name and address of the criminal.ORDER R.S. Sodhi, J.The petitioner by this petition, under Article 226 of the Constitution of India, has challenged the order No. 14036/15/94/- UTS dated 8th April, 1997, passed by the respondent refusing sanction for prosecution of Mr. Deepak Misra, DCP, for offence under Section 218 of the Indian Penal Code.The petitioner has challenged the legality and validity of the order on the ground that the same was passed without considering material facts on record, is non-speaking, arbitrary, unreasonable, mechanical, passed in total non-application of mind and is a fraud of power/colorable exercise of power/abuse of power and has been made with the obvious intention of shielding a senior IPS officer.The facts leading to the case are that Aditya Naraian succumbed to his injuries on 14th October, 1990, on receiving a fire arm injury at the hands of SI.D.P. Singh of Delhi Police in the incident of 25th September, 1990, when residents of Sarojini Nagar were demonstrating against the implementa- tion of the Mandal Commission report.On 1st October, 1990, the petitioner filed a complaint with SHO, Vinay Nagar Police Station to investigate the incident of shooting in Sarojini Nagar area which had caused death of his son.It is the case of the petitioner that the newspaper reported the filing of a public interest petition being Civil Writ Petition No. 3393 of 1990 (P.V. Kapur and another Vs.Union of India) in the Delhi High Court for adjudication upon action of police firing in INA Market and Sarojini Nagar.The petitioner, therefore, with leave of the court, filed an affidavit narrating the incident which took place on 25th September, 1990, at Sarojini Nagar and sought various reliefs from the court including that criminal proceedings be initiated against those police officers found responsible for the death of his son.In the meantime, however,the petitioner sought an appointment with the commissioner, Delhi police, to look into the matter, upon which, the com- missioner directed Mr. Deepak Misra, the then Additional DCP (south) to conduct a formal investigation into the incident of shooting that took place at Sarojini Nagar on 25th September, 1990, and to submit a report.Deepak Misra examined various witnesses during the course of his inquiry and identified the police officer who fired the shot but was of the opinion that :"However, it is a sheer tragedy and most unfortunate that this bullet which was fired presumably in the air and in which no mala fide happened to have taken place, the bullet took an awry trajectory and had hit Aditya Narayan who was very much present at the inter-face of police and violent mob...""..Hence, to sum up, the immediate cause of death of Aditya Narain was due to the infection which was contracted by him during post-operation period.This infection contracted by him was in itself an effect caused by the bullet shot by SI D.P. Singh from his service revolver and SI.D.P. Singh had to resort to open fire from his service revolver to disperse an unlawful assembly... SI.D.P. Singh had, to the best of his judgment, opened fire in the air but, as ill-luck would have been, the bullet in its dying moments happened to graze through skull of Aditya Narain who was a part of unlawful assembly near the over- turned water tanker at Navyug School crossing."This inquiry report became subject matter of Civil Writ Petition No. 3393 of 1990 wherein the High Court by judgment and order dated 6th Septem- ber, 1990, held that "The application is disposed of in the aforesaid terms."The petitioner filed a complaint dated 7th June, 1992, with the SHO, Vinay Nagar Police Station requesting for registration of an FIR under Section 302 of the Indian Penal Code against SI D.P. Singh and under Sec- tion 218 of the Indian Penal Code against DCP, Deepak Misra.

Sections cited: Section 302 in The Indian Penal Code, Section 190 in The Indian Penal Code, Section 193 in The Indian Penal Code, Section 304A in The Indian Penal Code