Order 4

Order Details: COPY OF ORDER
Pdf Text: Court of Sh. Divyam Lila, Ld. MM(MCD), Date of Order 07.11.2024
East, KKD, Delhi
35 CT Cases / 9096/2024
Sushma Vs. Manju Devi And Ors /0 (Kalyan Puri)
Present: Sh. Rahul Kumar Sharma, Ld. Counsel for the complainant.
None for the accused.
ORDER
Arguments on application u/s 156(3) of Cr.P.C heard and vide this order, I shall dispose
off an application u/s 156 (3) Cr.PC seeking direction for registration of the FIR.
In the complaint to SHO concerned, the complainant has alleged that her brother and
sister-in-law had beaten her and said abusive words to her and threatened to grab the property and kill her.
Action Taken Report has been filed, which provides that the complainant wanted to
withdraw the case.
The law in this case is well settled by a catena of judgments. Hon’ble Supreme Court of
India in Lallan Chaudhary Vs. State of Bihar 2006 AIR (SC) 3376 observed that; “if any information
disclosing a cognizable offence is laid before an officer of a police station, such police officer has no
other option except to register a case on the basis of such information”. In Vishwanath Vs. State of U.P
2009 (5) RCR Criminal, it has been held that the magistrate should not shirk from their responsibility to
register an FIR and direct investigation where prima facie allegations discloses the commission of
cognizable offence and in such cases, the aggrieved person should not be compelled to collect and
produce the evidence at his cost to bring home the charges of the accused.
From a perusal of the complaint and the ATR, it appears that allegations of the
complainant does not requires police investigation, as the identity of the alleged accused persons are
known to the complainant, there is no requirement of recording the evidence of third witnesses as the only
witness is the complainant herself, whose own testimony shall suffice alongwith the documents of
medical. The police mechanizm is not required at this stage, due to the above-observations and further, it
appears that the complaint arises out of a property disputes.
Therefore, the application under Section 156(3) Cr.P.C is hereby dismissed.
Let the Copy of this order be sent to IO/SHO for information.
Let the matter be listed for consideration on application under Section 200 Cr.P.C on
20.02.2025.
(Presiding Officer)
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