Order 8

Order Details: COPY OF ORDER
Pdf Text: Gaurav Gupta Vs. Sandeep Alias Fal
Case No. 2170/2024
PS : Sarai Rohilla
12.01.2026
Present: Complainant in person.
Be put up for orders at 4:00 PM.
(Rangat Ghirra)
JMFC-04/Central:
Delhi/12.01.2026
At 04:00 PM
ORDER ON APPLICATION U/S 175(3) BNSS
Present: None.
Present order shall dispose of an application U/s
175(3) BNSS filed by the complainant which is also accompanied
by a complaint .
Succinctly, it is the case of the complainant that on
23.11.2024 at about 11:45AM while he was going to Shastri Nagar
to meet his friend Rahul, the proposed accused Sandeep @ Fal and
three more persons who had their faces covered caught hold of him
and told him “Tune mera naam liya tha court ke jariye ab fas gaya”.
Thereafter, all the proposed accused tore the complainants clothes
and hit him on his head with sharp pointed metal which resulted in
blood coming out of his head. It is also alleged that that proposed
accused snatched the mobile phone, gold chain and key of the
motorcycle of the complainant. It is stated that the complainant was
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forced to compromise the case in FIR No.378/2022 u/s 325 IPC PS
Sarai Rohilla after which his belongings were returned. Thereafter,
complainant called on 112 against the proposed accused and his
associates and left for Deep Chand Hospital for treatment. It is
alleged that after treatment the doctor refused to prepare the MLC
and told the complainant to come with government vehicle to get
the same prepared. It is alleged that the police did not record his
statement. Due to inaction of the police, the complainant made
complaint to SHO PS Sarai Rohilla and DCP North but no action
was taken. Hence, this application.
Action taken report was called from the police. As per
the action taken report, it is stated that SI Vikram was marked the
case on receipt of PCR call vide DD Entries No. 56A, 60A and 94A
all dated 23.11.2024. SI Vikram went to the spot where the
complainant was not found. When contacted telephonically, SI
Vikram was informed that the complainant had gone to Deep Chand
Hospital. Upon arriving at the hospital the complainant was found.
The complainant left the hospital without treatment, getting MLC
prepared or giving his written statement. Thereafter, SI Vikram tried
to contact the complainant multiple times but he never came to
hospital for treatment nor gave his written complaint. The same has
been recorded in GD No. 8A dt. 24.11.2024 and GD No. 3A dt.
26.11.2024. The report further mentions that there are multiple cases
going on against the complainant himself.
I have considered the allegations and the action taken
report.
It is settled law that u/s 156(3) Code of Criminal
Procedure (now Section 175(3) BNSS), a magistrate has power to
direct the police to register a case and investigate the matter, but this
power is to be exercised judiciously and not in a mechanical manner.
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In the matters where the complainant has in his possession all the
evidence required to prove his allegations, there should be no need
to pass an order u/s 156 Code of Criminal Procedure. In Ms. Skipper
beverages P. Ltd. Vs. State 2002 Crl. L.J. NOC 333 (Delhi), the
circumstances as to when the powers of magistrate U/s 156 (3)
Cr.P.C (now 175(3) BNSS) ought to be exercised, has been
explained. It was held that:
"Section 156 empowers Magistrate to
direct police to register case and
initiate investigation but this 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 U/s 156
Cr.P.C. But,cases where Magistrate is of
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
into to help complainant, police
assistance can be taken."
In the present case, the complainant has alleged that
the proposed accused along with other unknown persons caused hurt
to him and allegedly attempted to commit culpable homicide by
hitting him on the head with a sharp pointed metal. He has relied
only on a photograph which is neither time-stamped nor any
certificate u/s 63(4) Bharatiya Sakshya Adhiniyam has been placed
on record. Further, as per the ATR, the complainant refused to join
the inquiry/ investigation and himself ran away from the hospital
without getting his MLC conducted. The complainant has mainly
relied on the PCR calls made by him to the police. The ATR has
mentioned that, while following up on the said PCR calls, SI Vikram
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was assigned the case and the complainant did not give his written
complaint to him despite multiple attempts.
It is further mentioned in the interrogation report of the
complainant, which is annexed with the ATR, that the complainant
had got himself treated in the emergency ward of Deep Chand
Hospital and had got his card made. The said emergency card has
also not been annexed with the complaint to show that he had got
himself treated and the nature of injuries he suffered. It is further
mentioned in the interrogation report that proposed accused
Sandeep @ Fal and one Michael/ Mickle had assaulted the
complainant along with other persons. However, the complaint has
been filed against only one proposed accucsed by name i.e. Sandeep
@ Fal and other unknown persons. No satisfactory reason is
forthcoming as to why name of other proposed accused was
withheld by the complainant in his complaint.
Lastly, from the facts of the case, this court is of the
opinion that assistance of investigation agency is not required in the
present case for the collection of evidence as the identity of the
accused is already known to the complainant and all the facts and
circumstances are within the knowledge of the complainant. If in
future any need arises for police assistance, same can be taken under
section 225 BNSS / 202 Cr.P.C. Accordingly, the present application
under section 175(3) BNSS is dismissed.
Be put up for arguments on cognizance of the present
complaint on 14.04.2026.
(Rangat Ghirra)
JMFC-04/Central:
Delhi/12.01.2026
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