Allahabad High Court Quashes FIR Against RWA Office Bearers, Criticizes Misuse of RSS Name
The Lucknow bench of the Allahabad High Court has quashed an FIR and chargesheet against office bearers of a Residents' Welfare Association (RWA) in the city, strongly condemning the "abuse of law" and noting that the name of a "respected cultural organisation like the RSS" was maligned in the process. The case stemmed from a parking dispute at Celebrity Greens society in Golf City, Lucknow.
Court's Stern Observations on Abuse of Power
Justice Pankaj Bhatia, while issuing the order, remarked, "'With great powers come great responsibility'. Opposite Party No. 2 has clearly not gained responsibilities with the great powers that have come his way, as claimed by him." The bench expressed no hesitation in declaring that the entire FIR, chargesheet, and summoning order represented nothing but an abuse of the legal process initiated by a disgruntled resident against duly elected RWA members.
The court further observed: "The investigation is clearly half baked and appears to be under the influence of the office said to be held by Opposite Party No. 2." The bench noted that the chargesheet was filed hurriedly without proper cross-checking of evidence, and the parameters for fair investigation were not followed.
Background of the Parking Dispute
According to court documents, the RWA had implemented parking guidelines through a board meeting resolution in November 2024. The policy stipulated that residents repeatedly violating parking rules would have their vehicle wheels locked, with continued violations resulting in a Rs 500 penalty.
The complainant, who identified himself as an office bearer of an RSS-affiliated organization and trustee of the Bhaurao Devras Trust, allegedly parked his vehicle incorrectly despite objections. After warnings were ignored, the RWA imposed the Rs 500 penalty following wheel locking.
In response, the resident filed an FIR alleging extortion, intentional insult, and criminal intimidation against the RWA office bearers at Sushant Golf City police station in July last year.
Court's Detailed Analysis of the Case
The High Court meticulously examined the evidence and found no substance to the allegations. "No material exists that the applicants intentionally put the informant or any other resident in fear of any injury, or any effort was made to dishonestly induce any resident or the informant to deliver to any person any property or any security," the order stated.
The court emphasized that even if all collected materials were accepted as true, they did not constitute any offense under the sections invoked against the RWA members. The bench clarified that decisions made through proper RWA resolutions could not be construed as extortion.
Concerns About RSS Name Misuse
In a significant observation, the court noted: "Prima-facie, a highly disciplined and respected cultural organisation like the RSS has been maligned and its membership has been misused in the present case by Opposite Party No. 2."
While acknowledging its limitations in pursuing this aspect further, the bench suggested that the organization to which the complainant claimed affiliation should examine whether browbeating of members or the public is sanctioned for individuals holding such positions.
Consequences for Investigation Officers
The court directed that a copy of the order be placed in the Annual Confidential Report of the investigating officer, Shiv Kant Tiwari, and sent to the Director General of Police. This would enable the DGP to determine whether investigation responsibilities should continue to be entrusted to Tiwari given the flawed handling of this case.
The ruling reinforces judicial scrutiny over potential misuse of legal processes and organizational affiliations in personal disputes, setting a precedent for similar cases involving RWAs and allegations of authority abuse.
