Final Order 3

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 44 CT Cases 417/2024 HEMLATA Vs. DINESH KUMAR /0 (New Ashok
Nagar)
23.11.2024
Present: Complainant with ld. Counsel Shri Ankit Aggarwal.
Arguments on application under Section 156(3) CrPC have
been heard.
Record perused.
It is case of the complainant is that accused namely Dinesh
Kumar lives in front of his house and in a habit of picking quarrel with her
and her family members on small things like he throw garbage and water in
front of her house and used to fight her tenants. That when she tried to point
out his mistake, the accused start fighting with her. That the accused is in
habit of annoying the complainant whenever accused saw the complainant
passing by. That on 20.07.2022, the accused picked unnecessary fight with
her and hit her very badly by using force. That the complainant or the police
on which the police took her to LBS hospital and MLC bearing no. 30115
dated 20.07.2022 was prepared. That thereafter, the accused has given a
apology in writing that he will not repeat such act in future and the matter
was settled. That on 01.02.2024, the accused again picked fight with the
complainant and the complainant made the call on 112 number but the
police did not take any action. That on 02.02.2024, the accused again fought
with the complainant and tried to hit her regarding which the complainant
intimated the police. That the accused has given life threat to the
complainant and also threatened that the accused alongwith his wife shall
make false complaint against her and her husband and her son to implicate
-- 1 of 2 --
them in false cases. That because of the accused the complainant had to sell
her house. That the complainant made number of complaints to concerned
SHO and DCP but no action has been taken by the police officials against
the accused.
Status report under the signature of ASI Brijesh Kumar also filed.
It is stated that interalia that the complainant had not provided the
video footages and documents. That both the parties used to fight on trivial
matters which can be resolved through counseling.
I have given my thoughtful consideration to the respective contentions
of the complainant and have gone through the record as well as perused the
report.
It is the case of the complainant that accused had beaten her and
annexed the MLC with the complaint. In the present case, all the facts and
circumstances as alleged by the complainant are within her knowledge
which can be proved either by herself or through summoned witnesses. No
field investigation is required in this case. There is no ground made out
requiting assistance of police. Hence, there is no need for investigation by
the police under section 156(3) CrPC in this case.
Accordingly, application for registration of FIR and investigation by
police under Section 156(3) CrPC is hereby dismissed.
File be consigned to record after necessary compliance.
(MAYANK GOEL)
ACJM (EAST)/KKD/23.11.2024
-- 2 of 2 --