Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CS.No. 100/25
PS Roop Nagar
U/s 316(2)/318(4)/336(3)/340(2) BNS
Gaurav Gupta Vs Sudhir Avatar Dubey
17.07.2025
Present: Sh. Shreyansh Malik, Ld. Counsel for the complainant.
An application u/s 156(3) alongwith a complaint u/s 200 Cr.PC had
been moved by the complainant against the respondents/accused persons for the
offences u/s.316(2)/318(4)/336(3)/340(2) BNS with a prayer that the complaint be
sent to the concerned PS for registration of FIR. In view of application u/s 156(3),
status report was summoned from the concerned PS. The case is fixed for orders
today.
ORDER
01. I have carefully perused the application u/s 156(3) Cr.P.C. as well as the other
material on record.
02. As per the facts mentioned in the complaint, the complainant knows the
accused for several years as the accused is engaged in the business of installing
internet/wifi in the area of the residence of the complainant. It is alleged that the
accused offered position of director in Aplus Xstream Fiber to the complainant for
which the complainant paid Rs.2,00,000/- in the account of the accused. It is
further alleged that accused did forgery of papers such as visiting cards and
balance sheet.
03. For these grievances, the complainant gave complaint to the SHO and DCP
concerned. Being unsatisfied with the action on the above mentioned complaints,
the complainant has filed the present application for registration of FIR U/s
316(2)/318(4)/336(3)/340(2) BNS.
04. As per the ATR, the matter is civil in nature, there is no concrete evidence of
forgery and the alleged person could not be traced. It is also mentioned in the ATR
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that complainant has no general agreement or other agreement in connection with
the alleged deal.
05. Record perused. Submissions heard.
06. At the outset, it is imperative to keep in consideration the circumstances when
an application u/s. 156 (3) Cr.PC should be entertained by the Court. In
Ms.
Skipper Beverages P. Ltd. Vs. State 2002 Crl. L.J. NOC 333 (Delhi), the
circumstances when the powers of magistrate U/s 156 (3) Cr.P.C should be
exercised, has been explained. It was held that:
"Section 156 empowers Magistrate to direct police to
register case and initiate investigation but this power
had to be exercised judiciously not in mechanical manner.
Those cases, where allegations are not very serious and
complainant himself in possession of evidence to prove
allegation, there should be no need to pass order U/s 156
Cr.P.C" .
07. Moreover, it has been held in
Gulab Chand Upadhyaya Vs State Of U.P. And
Ors. 2002 CriLJ 2907 that “where the complainant is in possession of the complete
details of all the accused as well as the witnesses who have to be examined and
neither recovery is needed nor any such material evidence is required to be
collected which can be done only by the police, no "investigation" would normally
be required and the procedure of complaint case should be adopted.”
08. The word used in Section 156(3) Cr.PC is 'may'. The powers under this section
are discretionary in nature and an FIR cannot be registered mechanically by
invoking these provisions.
09. In view of the material on record, preliminary enquiry report of the IO and
after hearing the submissions of counsel, it is clear that the identity of the accused
is known to the complainant, all the facts and circumstances of the case appears to
be within the knowledge of the complainant and evidence can be conveniently
taken without assistance of police investigation. In the facts of the present case,
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there appears no requirement of police investigation. Further, if there is any need,
police inquiry can be had u/s 202 Cr.P.C. for verification of any documents or for
any other purpose, if required.
10. Accordingly with the above observations, application u/s 156(3) Cr.P.C. is
dismissed.
11. However, I take cognizance under section 200 Cr.PC. The case be re-listed for
pre summoning evidence. The complainant is at liberty to prove his case by way of
evidence and the complainant is directed to produce evidence and witnesses at his
own efforts.
12. Put up for PSE on 12.08.2025.
(Himanshi Tyagi)
JMFC 13, Central
Tis Hazari Courts
Delhi/17.07.2025
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