Interim Order 9

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. AAKASH MOHAN SINGH,
JMFC-12/CENTRAL
TIS HAZARI COURT, DELHI
Ct. Case No. 2235/2024
Gulab Devi v. Ravi Mathur
PS Wazirabad
16.09.2026
ORDER ON APPLICATION U/ S 175(3) BNSS
1. Vide the present application under Section 156(3) CrPC, the
applicant/complainant seeks directions for registration of FIR and investigation
into the allegations made in the complaint.
2. I have perused the complaint, the ATR filed by the police and the
material placed on record.
3. The complainant alleges that on 07.08.2024, the proposed accused
and their associates entered her house, broke the gate, assaulted her and
attempted to commit robbery. It is further alleged that certain documents and
valuables were stolen during the incident.
4. As per the ATR, the PCR call received on 07.08.2024 was
regarding a quarrel and the complainant did not seek any legal action at that
time. A subsequent PCR call was received during the intervening night of
07.08.2024 & 08.08.2024 wherein, both parties were found to have been
involved in an altercation arising out of a money transaction in which the
complainant as well as one Ashish Tomer and Pawan sustained injuries. Their
MLCs were prepared and the injuries were found to be simple. Both the parties
refused to give their statements. Preventive proceedings were thereafter
initiated against both sides in view of the likelihood of further quarrel and
disturbance of public peace. It is also stated that there were no allegations of
theft or robbery in the initial PCR calls and the same have only surfaced in the
present complaint. It is therefore concluded that no cognizable offence is made
out as the dispute is essentially arising out of a monetary transaction.
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5. It is settled that an application under Section 156(3) CrPC is not to
be allowed mechanically merely because the allegations disclose a cognizable
offence. The Magistrate has to consider whether police investigation is
necessary for collection of evidence which cannot conveniently be produced by
the complainant. The power under Section 156(3) is discretionary.
6. The mere fact that the complainant sustained injuries does not, by
itself, require registration of an FIR under Section 156(3) CrPC. The police
have already verified the occurrence, examined the circumstances, collected
the MLCs of the parties and taken preventive action.
7. The complainant is aware of the identity of the proposed accused
and can duly depose the circumstances in which the alleged incident took
place. No material has been placed on record to show that any recovery,
custodial interrogation, scientific investigation or discovery of evidence by the
police is necessary. The evidence regarding the alleged assault, trespass or loss
of articles, if any, can be led by the complainant in accordance with law.
8. In these circumstances, no sufficient ground is made out for
directing registration of an FIR and investigation under Section 156(3) CrPC.
9. Accordingly, the application under Section 156(3) CrPC
stands dismissed.
10. Application stands disposed of accordingly.
11.
Nothing expressed in this order shall amount to expression on the
merits of the case.
(Aakash Mohan Singh)
JMFC-12/Central
THC/Delhi/16.09.2026
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