Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CHAMPA VS. PRADEEP DAGAR AND ORS.
CT NO. 2687/2023
PS CIVIL LINES.
12.12.2023
ORDER ON APPLICATION U/S 156(3) CRPC
Present: Ld. LAC for complainant.
Arguments on the application u/s 156 (3) Cr.P.C. have
already been heard.
The entire case file including the ATR has been perused
carefully.
Reproduction of facts is dispensed with for the sake of
brevity and saving judicial time.
In the considered opinion of this Court the perusal of
complaint and the annexures attached therewith reveal that the allegations
contained therein do not disclose commission of such cognizable offence
which is required to be investigated by the police .
Reliance is placed by this Court on the judgment delivered in
case titled as 'M/s Skipper Beverages P. Ltd. Vs. State', 2002 Cr.L.J. NOC
333 (Delhi) wherein Hon'ble Delhi High Court held that Section 156 (3)
Cr.P.C. empowers a Magistrate to direct police to register case and initiate
investigation but this power has to be exercised judiciously and not in a
mechanical manner. Those cases where allegations are not very serious
and complainant herself in possession of evidence to prove allegation, there
should be no need to pass order u/sec.156(3) Cr.P.C. But cases where the
Magistrate is of the 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 in to help
complainant, police assistant can be taken.
Therefore, the application u/s 156 (3) Cr.P.C. for registration
of an FIR in the present case stands dismissed. An opportunity is granted to
the complainant to prove his case by leading evidence in his support.
Be put up for PSCE on 27.03.2024.
(ARJINDER KAUR)
MM-06(C)/THC/Delhi/12.12.2023
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