Order 11

Order Details: COPY OF ORDER
Pdf Text: Ct. Cases No. 1343/2023
LAXMI DEVI Vs. BHARTI AND ORS
PS: (DBG Road)
24.01.2025
Present. Complainant in person with ld. Counsel Sh. Yash
Gautam.
Arguments on the application under section 156(3) Cr.
PC heard.
The counsel has relied upon the judgment of Lalita
Kumari Vs. Govt. of UP in support of his contentions.
Now, I shall proceed to pass the order on the application.
It is stated on behalf of the complainant that on
17.03.2023, the complainant was in her room on ground floor and
alleged accused Mukesh, Abhishek, Joginder and Shama came there
and attacked and also started beating Sanjay, who is the son of the
complainant due to which the complainant suffered injury on her head
and they also scuffled with the Sanjay who was not well. Thereafter,
PCR call was made and the complainant was taken to the RML
hospital, where she was given treatment and MLC was done and the
police took her signatures on certain blank papers without her
knowledge / consent. Thereafter, the alleged accused Bharti and the
other alleged accused persons threatened her and her family members
that they will file a case and will teach her a lesson and thereafter the
accused Bharti is living in her parental house. The complainant also
lodged a complaint but no action was taken by the concerned PS as
well as the DCP concerned.
In response to the application, ATR was filed and IO has
stated that the accused was taken to the RML hospital on the said date
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and after obtaining her MLC from the hospital, opinion of the injury
was sought and on the basis of opinion, injuries were found to be
simple and thus, NCR was registered for the offence under section 323
IPC.
It is pertinent to note that the police officials have done
nothing on the compliant filed by the complainant and it was after,
ATR was sought, they swung into action and obtain the MLC, which
should have been done previously and shows lack of action on the part
of the police machinery. Thereafter, instead of completely
investigating the matter, they have simply registered the NCR under
section 323 IPC on the basis of MLC without delving into other
allegations alleged by the complainant with respect to the other
alleged accused persons entering her house and subsequently
threatening her. The allegations levelled so far discloses the
commission of cognizable offences apart from non cognizable offence
under section 323 IPC, for which proper investigation is required.
Accordingly, SHO, PS DBG road is directed to register
the FIR for commission of cognizable offences as alleged by the
complianant immediately and file the report regarding the compliance
on the NDOH.
Copy of the order be sent to the SHO through Naib court
for immediate compliance.
Be put up for filing of the report and further proceedings
on 30.04.2025.
(ABHISHEK KUMAR)
CJM/(Central)/THC/Delhi
24.01.2025
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