Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: Ct. Cases 176/2025
Harish Vs. Sushma
PS (Railway Sarai Rohilla)
27.02.2026
Present: None.
Be put up for orders at 04:00 pm.
(Rangat Ghirra)
JMFC-04/Central:
Delhi/27.02.2026
At 04:00 pm
ORDER ON APPLICATION U/S 175(3) BNSS
Present: None.
Present order shall dispose of an application U/s
175(3) BNSS filed by the complainant which is also accompanied
by a complaint .
Succinctly, it is the case of the complainant that he is
the owner of the first floor of property bearing No. D-33, Lalita
Block, Shastri Nagar, Delhi. Complainant had purchased the
property in the year 2015. In the same year, the complainant had
given the property on rent to the previous owner i.e. Late
Mahender Pal on monthly rent of Rs.6500/-. Thereafter, the
complainant tried to get the vacant possession of the property but
Late Mahender Pal refused and the complainant was constrained
to file a civil suit for recovery of possession and mesne profits in
2019 which was partly decreed. However, Late Mahender Singh
and the proposed accused refused to comply with the decree.
Complainant then filed an execution petition in 2023 wherein the
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Ld. Court directed the SHO to provide police aid to aid in getting
the possession of the property. On 12.11.2024, the complainant got
the vacant possession of the property with the help of the police
officials. However, when the complainant again visited the
premises on 15.11.2024, the locks were found to be changed by
the proposed accused persons and they had put their goods.
Thereafter, the complainant called on 100 number and the police
came however, no FIR was registered. The complainant then made
complaints to the SHO and DCP concerned but no action was
taken by the police.
Hence, the present application.
Action taken report was called from the police. As
per the action taken report, an enquiry was conducted. It was found
that the facts as mentioned by the complainant regarding the court
orders and getting possession with help of the police officials were
true. However, it was also mentioned that the allegations of theft
of the articles of the complainant were not made in the initial
complaint and neither the same was mentioned in the complaints
given to the SHO and DCP concerned. It is further mentioned that
a civil suit u/s 6 of Specific Relief Act is also pending between the
parties for possession of the premises.
I have considered the allegations and the action
taken report.
It is trite law that u/s 156(3) Code of Criminal
Procedure (now 175(3) BNSS), a magistrate is empowered to
direct the police to register a case and investigate the matter, but
this power must be exercised judiciously and not in a mechanical
manner. In the matters where the complainant has in his possession
all the evidence required to prove his allegations, there should be
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no need to pass an order u/s 156 Code of Criminal Procedure.
In Ms. Skipper beverages P. Ltd. Vs. State 2002 Crl.
L.J. NOC 333 (Delhi), the circumstances as to when the powers
of magistrate U/s 156 (3) Cr.P.C (now 175(3) BNSS) ought to 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. But,cases where
Magistrate is of view that nature of allegation is such
that complainant himself may not be in position to
collect, and produce evidence before court, and
interest of justice demand that police should step into
to help complainant, police assistance can be taken."
In the present case, the allegations in the present
matter pertain to dispossession of the complainant in violation of
the decree granted in his favour by the proposed accused persons.
The proposed accused persons have broken the lock placed by the
complainant and put their own lock. The matter is also pending
parallelly with the civil court. Be that as it may, all the facts and
circumstances are already within the knowledge of the
complainant. The identity of the accused persons is already known
to the accused. No evidence collection is required in the matter.
There appears to be no requirement of any police assistance in the
present matter. If in future any need arises for police assistance,
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same can be taken under section 225 BNSS / 202 Cr.P.C.
Accordingly, the present application under section 175(3) BNSS
is dismissed.
Be put up for arguments on cognizance of the
present complaint on 20.05.2026.
(Rangat Ghirra)
JMFC-04/Central:
Delhi/27.02.2026
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