HC junks order to lodge FIR against ex-top cop in prop dispute

Delhi High Court has set aside a trial court order directing the police to register an FIR against former Delhi Police Commissioner Ajai Raj Sharma in a property dispute case.
Justice P S Teji quashed an order of April 15 last year of an Additional Sessions Judge and directed him to decide afresh a revision petition filed by complainant Pramod Sharma against a magisterial court order dismissing his plea for lodging FIR against the former police chief.
The sessions court had on April 15, 2014, directed the magisterial court to lodge an FIR against the police officer on Pramod Sharma's plea.

The high court has now directed the sessions court to decide the revision petition afresh after "giving an opportunity of hearing to the parties concerned".
"This court is of the considered opinion that the order dated April 15, 2014 is not sustainable in the eyes of law. Thus, this order passed by the Additional Sessions Judge is hereby set aside with the consequential order dated April 17, 2014 passed by Metropolitan Magistrate along with the consequent proceedings," the court said.
The court's order came on a plea filed by the police officer, fighting court cases relating to a property allegedly purchased by him at Ashok Nagar in 2005, challenging the order passed by the sessions court.

The former city police chief had contended that the sessions court never granted him a chance to explain his stand and passed an ex-parte order.
The plea, filed through advocate Pramod Kumar Dubey, also challenged a subsequent order of a magisterial court which, in pursuance of the sessions judge's direction, had ordered an FIR to be registered against the police officer.