Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: Ct. Cases 1565/2024 AMAN SINGH Vs. SH MANPREET SINGH Page 1/2
Ct. Cases 1565/2024
AMAN SINGH Vs. SH MANPREET SINGH
21.12.2024
Present: None.
I have already heard arguments.
Vide this order I shall dispose off the application U/s
156 (3) Cr.PC.
1. Complainant alleged that on 26.02.2024, mother of the
complainant no. 2, namely, Praveen Kumar went to take some
articles of pooja from the godown of the accused where she saw
that the scooty of the accused was parked in front of make gate of
godown. This was objected by the mother of the complainant no.
2. Thereafter, accused misbehaved, abused, maltreated and
threatened the mother of the complainant no. 2. When complainant
no. 1 and 2 visited the residence of the accused to inquire about the
same, the accused Manpreet Singh gave fists and blows forcefully
several times on the face of the complainant no. 1, namely, Aman
Singh. Accused wear several rings therefore, due to fists attack
nose of Aman Singh was badly injured and broken down and
complainant no. 2 also suffered with injuries. Thereafter, police
reached the spot and took the complainant as well as accused to
LHMC Hospital where MLC of both the complainants was
prepared however despite the several injuries and fracture of nose
of the Aman Singh the case was not registered against the accused.
Therefore, the complainant want to put criminal law in motion for
the offence committed by the accused. The status report filed by
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Ct. Cases 1565/2024 AMAN SINGH Vs. SH MANPREET SINGH Page 2/2
the concerned IO submits that the case is of simple hurt therefore,
no cognizable offence is made out.
2. Perusal of the MLCs, it appears that the injury caused to
complainant, namely, Praveen Kumar was simple in opinion of the
doctors whereas qua Aman Singh no opinion in respect of the
nature of the injury was given as the opinion of ENT was required.
Thereafter, the said Aman Singh approached the Northern Railway
Hospital, Central Hospital on 02.03.2024. The time lag between
the MLC prepared at LHMC and report of the Northern Railway,
Central Hospital is of around 4-5 days. Therefore, prima facie it
cannot be said that the cognizable offence has been committed. It
would be more proper if the complainant is given an opportunity to
explain himself which can be done through examination on oath
U/s 200 Cr.PC. If need arises in future, a limited police
intervention may be invited U/s 202 Cr.PC or pre-summoning
evidence may be called for during an inquiry. However, at present
the application does not necessitate the police intervention and
complainant can establish his version on his own in the available
factual scenario. As such, request for registration of FIR is
declined, application filed U/s 156 (3) Cr.PC is dismissed.
However, matter is put up for proceedings U/s 200 Cr.PC.
3. Be put up for recording of statement of the complainant U/s
200 Cr.PC on 13.05.2025.
(Neetu Sharma)
ACJM-01/CENTRAL
21.12.2024
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