Final Order 8

Order Details: COPY OF ORDER
Pdf Text: Undersigned is also working as Duty MM today.
58 CT Cases 105/2023 FIRDOS Vs. JAMILA
03.05.2024
Present: None for complainant.
1. Arguments already heard on the point of summoning.
2. I have perused the records including the testimony of the
witnesses examined under PSE.
3. Briefly stated, the case of the complainant is as follows:
the proposed accused is wife of the brotherinlaw of the
complainant. The fatherinlaw and the motherinlaw of the
complainant had expired in 2001 and after their demise, the
house was built upto the 3rd floor by the husband of the
complainant. In order to maintain the peace within the family, a
family meeting also took place in 2014 and the same was
attended by Sh. Shakeel Ahmed. On 19.01.2022, the proposed
accused beaten the complainant and threatened her to kill by
showing a knife. Even on 23.02.2022, the proposed accused
started hurdling abuses to the son of the complainant and tried to
kill him. Due to the aforesaid acts of the proposed accused, the
complainant shifted from the property. The complainant had
filed various police complaints, however, no action was taken.
4. During PSE, the complainant examined herself as CW1,
one Sh. Shakeel Ahmad as CW2 and the officials from PS
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Laxmi Nagar as CW3. The complainant deposed in consonance
of the complaint.
5. Hence, it is argued that proposed accused be summoned
for committing the offences u/s 323/342/352/506 IPC.
6. I have perused the evidence of the witnesses as well as the
documents filed by the complainant.
7. In light of the abovesaid facts, the only question to be
determined is as to whether the proposed accused persons can be
summoned u/s 204 of CrPC.
8. Before proceeding with the present complaint in hand, it
would be relevant to deal with the law with regard to summoning
of accused. Section 200 CrPC provides that a Magistrate taking
cognizance of an offence on complaint shall examine upon both
the complainant and the witnesses present, if any. Further,
section 202 of CrPC provides that in case, if, Magistrate thinks
fit, he can postpone the issue of process against the accused and
can enquire into the case himself or direct an investigation to be
made by police officers. Further, section 204 CrPC provides that
if in the opinion of Magistrate, there is sufficient ground for
proceeding against the accused, he shall issue summons/
warrants against the accused. From the abovesaid law, it is clear
that in order to form the opinion for summoning of accused as
provided u/s 204 CrPC, the court will consider the complaint so
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filed by the complainant alongwith the documents and the
statement of the complainant and witnesses recorded u/s 200
CrPC. The purpose for recording the statement of the
complainant and the witnesses is that an opportunity is granted to
the complainant to prima facie show/ prove the contents so made
by him in his complaint.
9. It is a settled law that summoning of an accused in a
criminal case is a serious matter. Reliance is placed upon
judgment of Hon'ble Apex Court in M/s. Pepsi Foods & Anr
Vs. Special Judicial Magistrate & Ors., AIR 1998 SC 128,
wherein it was observed as follows:
“Summoning of an accused in a criminal case is a serious
matter. Criminal law cannot be set into motion as a matter of
course. It is not that the complainant has to bring only two
witnesses to support his allegations in the complaint to have
the criminal law set into motion. The order of the Magistrate
summoning the accused must reflect that he has applied his
mind to the facts of the case and the law applicable thereto.
He has to examine the nature of allegations made in the
complaint and the evidence both oral and documentary in
support thereof and that would be sufficient for the
complainant to succeed in bringing charge home to the
accused. It is not that the Magistrate is a silent spectator at
the time of recording of preliminary evidence before
summoning of the accused. Magistrate has to carefully
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scrutinize the evidence brought on record and may even
himself put questions to the complainant and his witnesses to
elicit answers to find out the truthfulness of the allegations or
otherwise and then examine if any offence is prima facie
committed by all or any of the accused”.
10. In the instant case, as per version of complainant, on
19.01.2022, the proposed accused beaten her and threatened her
to kill by showing a knife. The complainant had also alleged that
even on 23.02.2022, the proposed accused had abused her son
and tried to kill him. However, strangely, the complainant had
not examined her son. Further, despite merciless beating by the
proposed accused, the complainant did not get herself or her son
medically examined. The complainant had not placed on record
any of her treatment papers.
11. Moreover, as per the complainant, the incident happened
on 19.01.2022. However, the complainant had filed the present
case on 21.01.2023 i.e. after the lapse of one year. In the entire
complaint or evidence so led by the complainant, there has been
no explanation as to the reason for lodging the complaint after
delay of one year.
12. Further, the complainant had not examined any witness in
support of her case. No doubt, the complainant had examined
one Sh. Shakeel Ahmad as CW2. However, the complainant had
not deposed anywhere that the incident dated 19.01.2022 or
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23.02.2022, had happened in front of CW2, Sh. Shakeel
Ahmad.
13. In light of aforesaid facts and circumstances and the
discussion made above, the complainant has failed to prima facie
show or prove the facts so stated by her in his complaint.
Further, the unexplained delay of one year raises a serious doubt
upon the complaint so filed by the complainant. As such, this
court is of the opinion that there are no sufficient grounds for
proceeding the case against the proposed accused.
14. Thus, the present complaint case is hereby dismissed as
per provisions of section 203 Cr.P.C.
15. Original documents, if any, be returned to rightful
claimant.
File be consigned to record room after due compliance.
( SONIKA)
MM04/East/KKD/Delhi/03.05.2024
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