UPSC coach vs IPS officer: An ‘assault’ with a whiskey bottle, an FIR order against the officer — & a stay two days later

The argument escalated, and Balhara took a bottle of whiskey and allegedly smashed it on Dhayal’s head. The complainant was rushed to a hospital in Gurgaon after he suffered multiple injuries to his head.

The complainant also claimed that the accused persons started slapping him and yelled “isko aaj jaan se maardo (beat him to within an inch of his life)”.

In the order dated May 3, Judicial Magistrate First Class (JMFC) Nidhish Kumar Meena of Dwarka Court said: “At this stage, I am of the considered view that prime facie cognizable offences have been committed by the alleged accused persons and the investigation in the present matter is necessary as the complainant is not in the position to collect all evidence pertaining to the accusations made against the alleged accused persons and identity of all the alleged accused persons is yet to be ascertained.”

“Further, the allegations are also serious as the injury has been caused on a vital part of the body, i.e. head, and the interest of justice demands that a thorough investigation be conducted to unearth the truth in the facts and circumstances of the case,” the judge had added.

The court was hearing the UPSC coach’s application filed under Section 175(3) of the BNSS (empowers a magistrate to direct police to investigate), who sought the registration of an FIR against Balhara, a 2023-batch IPS officer (who is currently posted in Tripura).

“The SHO, PS Kapashera, is directed to register an FIR against all the alleged accused persons including Mr Rahul Balhara (IPS officer), Mr Ashwani Balhara, Mr Vivek Chaudhary, Mr Kallu and others (his associates) under appropriate provisions of law and to file copy of FIR at 10 am on 05.05.2025,” said the judge on Saturday.

On Monday morning, the Delhi Police didn’t comply with the directions of JMFC Kumar. In the afternoon, the police produced before the judge a stay order passed by a sessions judge in Dwarka Court against the magistrate court order of May 3.

Staying the magistrate court order, Additional Sessions Judge Gagandeep Jindal of Dwarka Court had said, “As recorded by the Trial Court in para no. 3, revisionist (IPS officer) is a government servant. No prior sanction was obtained for registration of the FIR against him. Considering the submission, the impugned order is stayed till NDOH (next date of hearing).” The next hearing is on May 16.

Dhayal had also alleged that when police officers visited the place of the incident, they did not collect any evidence. He also claimed the officers threatened him not to pursue the case under pressure from the accused person.

In an earlier status report filed by the police, it was stated that only a non-cognizable offence was found to have taken place. Advocate Avnish Rana, who represented the IPS officer in court, said, “All the offences are non-cognizable. My main argument was that the court can’t direct an FIR in a non-cognizable offence.”