Interim Order 7

Order Details: COPY OF ORDER
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41 Ct. Cases / 1425/2024
SACHIN MEENA Vs. SONAM MEENA
PS (Prashad Nagar)
11.11.2025
Present : Sh. Parminder Kumar, Ld. Counsel for the complainant with
complainant.
ORDER ON APPLICATION U/S 156(3) CR.P.C.
1) The complainant has moved an application u/s 175(3) BNSS. for
registration of FIR against accused for commission of offence u/s
303(2)/332/334/351/61(2) BNS.
2) Brief facts of the application are that the complainant has alleged that on
20.06.2024, his wife eloped from his home after stealing Rs. 2,75,000/- in cash and
Gold and Silver jewellery by giving sleeping pills to all the family members. It is
further alleged by the complainant that he did arrange marriage with the accused no. 1
and accused No. 2 wanted to marry each other. It is further alleged that accused no. 1
and 2 have acted in conspiracy with each other and accused no. 1 did not fulfil her
marital responsibilities on the first night of her wedding on account of menstural
cycle. Accused no. 1 was called by the complainant talking to someone on the phone
and upon confrontation, she stated that she is talking to her boyfriend that on the
night of 19.06.2024, she mixed sleeping drugs in the dinner prepared by her and
mixed the drug in the food of pet dog and eloped with cash and jewellery.
3) Action taken report from concerned police station was called for. It is
reported by SI Rahul Mehta that no cognizable offence is made out as during inquiry
accused no. 1 stated that the jewellery is still with the complainant and that the
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jewellery was given by her parents at the time of marriage.
4) Heard the submissions of Ld. counsel for complainant. Record perused.
5) Hon’ble High Court of Delhi in M/s Skipper Beverages P. Ltd. Vs
State 2002 Crl. L. J. NOC 333 (Delhi) has illustrated that the powers under Section
156 (3) Cr. PC can be exercised by a Magistrate. It has been observed that :
“Section 156 empowers Magistrate to direct police to register
case and initiate investigation but his 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 under Section 156 (3) Cr. PC. But, cases
where Magistrate is of view that nature of collect, and produce
evidence before court, and interest of justice demand that police
should step into to help complainant, police assistance can be
taken. Thus, where allegation of theft of cheque and forgoing of
typing out certain portion therein, could be proved by oral
evidence and by summoning original cheque from banker and
leading required evidence respectively, then there was no such
evidence which complainant could be unable to collect on his
own. As such, declining request to issue direction to police under
Section 156 (3) Cr. PC would be justified.”
6) In another case titled Gulab Chand Upadhyay Vs State of UP and
others, 2002 Cri. L. J. 2807 Hon’ble Allahabad High Court, in para 24 observed that
where accused with his name and address are known to the complainant, the witness
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of the evidence are also known to him and it is not a case where any other material
evidence is required to be collected and can be preserved, then it is not a case where
any ‘investigation was required by the police of launching a successful prosecution’.
7) In the present case, the identity of the proposed accused is duly
established and known to the complainant. All the evidence is at the disposal of the
complainant. There is no need for police investigation in this case. Further if any fact
is required to be unearthed, the same may be inquired into by the Court U/s 202
Cr.P.C. and for that inquiry the assistance of police may be taken. As such no
investigation by the police is required. The case laws with respect to law u/s 156(3)
Cr.P.C. can also be relied upon for application u/s 175(3) BNSS as both the Sections
are same.
8) Accordingly, considering the case law and facts and circumstances, the
application U/s 175(3) BNSS of the complainant is dismissed.
9) List for consideration on complaint on 20.02.2026.
(Karanbir Singh)
JMFC-02, Central District
Tis Hazari Courts/11.11.2025
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