Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: CIS No. 1957/2023
NAFISA BEGUM Vs. SHABAN KHAN AND ORS
PS : (Bara Hindu Rao)
12.12.2023
Present: Shri Gaurav Kumar and Shri Himanshu, ld. counsels for
complainant.
EO/ASI Gordhan Lal in person.
Arguments on application under Section 156 (3) CrPC have
been heard.
Put up for orders during course of the day.
(Anuj Kumar Singh)
ACMM-2/Central/THC/Delhi
12.12.2023
At 4.00 PM
Present: None
1. Vide this order, I shall dispose of an application under Section
156 (3) CrPC filed on behalf of the complainant for registration of FIR.
Arguments have already been heard.
2. It is alleged by the complainant in the present complaint that
the complainant is the absolute owner of the property bearing no.7107,
Second Floor, Gali Laltain Wali, Beri Wala Bagh, Azad Market, Delhi-
110006 (hereinafter referred to as the ‘said property’) and the complainant
has possession of entire second floor of the said property. It is stated that
complainant has three sons and three daughters and his two sons, namely,
Yusuf Khan and Shaban Khan are residing at third floor of the said
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property along with their families. It is stated that son of the complainant,
namely, Shaban Khan and his wife, namely, Shabana used to pick frequent
quarrels with the complainant and try to forcefully dispossess the
complainant from the second floor of the said property. It is stated that on
28.11.2022 and 29.11.2022, Shaban and his wife came to second floor and
started throwing household articles and hurled dirty abuses/extended
threats and tried to dispossess the complainant forcibly and thereafter PCR
was called and situation came under control. It is stated that complainant
filed a suit for permanent injunction bearing CS No.2763/2022 against his
son Shaban Khan and his wife wherein they give statement through their
counsel that they will not dispossess the complainant without following due
process of law, so complainant withdrew the said case. It is stated that
Shaban and his wife executed false, fabricated and forged papers i.e. GPA,
Agreement to Sell, Will, Receipts etc dated. 12.07.2021 in respect of
second floor of the said property and filed a civil suit bearing CS
No.108/2023 for specific performance. The complainant had never
participated in any kind of execution of agreement with her son or
daughter-in-law. It is stated that accused persons have committed offences
covered under the provisions of Sections 339/415/420/441/467/468/471/
120B/34 IPC. The complainant has filed police complaints with concerned
SHO and DCP in compliance of Section 154 (1) (3) CrPC. Hence, the
present complainant.
3. Submissions have been heard. Record perused.
4. In these facts and circumstances, as it is apparent on record,
the identity of the accused person is known to the complainant and all the
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entire incriminating evidence is documentary in nature and well within the
reach of the complainant in this case, hence, the Court sees no ground for
police investigation in this case. The Law has been clearly laid down in
this regard and it has been held by our own Hon’ble Delhi High Court in
matter titled as “M/s Skipper Bewerages Pvt. Ltd. Vs. State” reported as
2001 VI AD (Delhi)-625 as under:-
“In case where the allegations are not very serious and the complainant
himself is in possession of evidence to prove the allegation, there should
be no need to pass order U/Sec. 156 (3) Cr.PC.”
5. In another case titled as Gulab Chand Upadhaya V/s State of
U.P. and others 2002 Crl. L.J. 2907, Allahabad High Court, in para 24 it
was observed that “where Accused with his name and address are known to
the Complainant, the evidence of the witnesses are also known to him and
it is not a case where any other material evidence is required to be
collected or to be preserved, then it is not a case where any Investigation
was required by the police for launching a successful prosecution”.
6. In the present case also, all the facts and circumstances of the
case are within the knowledge of the Complainant. Furthermore, the Court
can always invoke its powers for conducting an inquiry u/s 202 Cr.P.C in
case such an inquiry is called for at a later stage. Therefore, in view of the
aforesaid discussion, the Court finds no ground for directing the police to
investigate the matter and that there is nothing for which the police
assistance is necessary to be called for. Hence, in view of the facts and
circumstances of the present case, the request to refer the matter for
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investigation under Section 156 (3) Cr.P.C. is hereby declined. However,
the complainant is at liberty to treat his complaint as a complaint case
under Section 200 Cr.P.C. 1973.
7. Matter be re-listed for pre summoning evidence on
05.04.2024. Copy of this order be given dasti to all concerned.
(Anuj Kumar Singh)
ACMM-2/Central/THC/Delhi
12.12.2023
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