Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. AAKASH MOHAN SINGH,
JUDICIAL MAGISTRATE (F.C.)-12/CENTRAL
TIS HAZARI COURT, DELHI
Ct. Case No. 1599/2025
Chand Rani v. Sidharth & Ors.
PS Wazirabad
30.09.2026
ORDER ON APPLICATION U/ S 175(3) BNSS
1. Vide the present order, I shall decide the application filed by the
applicant/complainant under Section 175(3) BNSS.
2. Briefly stated, the case of the applicant/complainant is that the
proposed accused persons being the neighbors, on 10.05.2025 at 5:30PM,
while the applicant was parking her scooty, pulled the scarf (dupatta) and
slapped the applicant. Upon intervention by the relatives of the applicant, the
proposed accused started beating the applicant and her relatives. They also
snatched her gold chain and absconded. MLC of the applicant & the brother fo
the applicant viz. Narneder was also conducted. Thereafter, the proposed
accused also intercepted the applicant and theratened to kill her. It is, therefore,
prayed that the SHO concerned be directed to register an FIR under the
appropriate provisions of law.
3. An ATR has been filed by EO/ stating that a quarrel had occurred
between the applicant and the proposed accused persons on account of a
parking dispute which was compromised at the PS. Statement of one neighbour
viz. Ranbir Singh was also recorded in support of the same. Further, the
injuries suffered in parking scuffle have been recorded in the MLC against
which NCR NO. 44/25 was registered. The enquiry concludes that the dispute
is essentially civil in nature and no cognizable offence warranting registration
of an FIR is made out.
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4. Arguments heard. Record perused.
5. The scope of the jurisdiction under Section 156(3) CrPC is well
settled. The power is discretionary and is to be exercised only where the
allegations disclose commission of a cognizable offence requiring investigation
by the police. The Hon'ble Supreme Court in Priyanka Srivastava v. State of
U.P., (2015) 6 SCC 287 has held that directions under Section 156(3) CrPC are
not to be issued mechanically and the Magistrate is required to apply judicial
mind before directing registration of an FIR. Where the complainant is already
in possession of the relevant facts and evidence and no specialized police
investigation is necessary, the Magistrate may proceed with the complaint
under Chapter XV CrPC.
6. In the facts of the present case, the identity of all the proposed
accused persons is known to the complainant. The occurrence is also stated to
have taken place in the presence of the complainant and her relatives, whose
identities are known. The complainant and her brother were medically
examined and the relevant MLCs are already available. No unidentified
accused is involved and no specialised investigation, custodial interrogation or
scientific examination has been shown to be necessary.
7. It is also stated in the ATR that the dispute arose out of a parking
quarrel and both sides are known to each other. The statement of an
independent neighbour regarding the parking dispute is also on record. The
correctness of the rival versions are matters which can be examined during the
complaint proceedings.
8. The power under Section 175(3) BNSS is discretionary and is not
to be exercised mechanically. Where the evidence is within the reach of the
complainant and can be brought before the Court, the Magistrate may proceed
with the complaint instead of directing police investigation.
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9. In these circumstances, this Court does not find sufficient ground
to direct registration of FIR under Section 175(3) BNSS.
10. Accordingly, the application under Section 175(3) BNSS stands
dismissed.
11.
Nothing stated herein shall be construed as an expression on the
merits of the case.
(AAKASH MOHAN SINGH)
JUDICIAL MAGISTRATE (F.C.)-12/CENTRAL
THC/Delhi/30.09.2026
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