Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: CT Cases / 1297/2025
Manish Mehta Vs. Ripu Daman Bhatia
CNR No. LET02037132202
ORDER
1. Vide this order, I will dispose off the application u/s. 175(3) BNSS.
2. The facts of the present case are that the complainant was in urgent need
of a shop since he was required to vacate his rented shop operating from shop
no. 2, IX/1263, Ground Floor, Subhash Road, Delhi. He claims that accused
approached him as he (accused) was doing his business from IX/1263, 3rd Floor,
Subhash Road, Delhi and claimed that a shop exactly opposite of the
complainant’s shop would be vacated soon. After 1-2 days, accused informed
the complainant that the owner had agreed to let out the shop at Rs. 2.5 lacs per
month and demanded Rs. 2.5 lacs as security deposit with the accused
demanding Rs. 1.25 lacs as brokerage. At insistence of accused, the complainant
handed over Rs. 2.65 lacs in cash, to the accused in presence of Ehsan Ali.
However, after giving the money, despite repeated inquiries about the shop, the
accused kept on making excuses claiming that the shop would be available after
a month as the old tenant would vacate it within a week. After much delay, in
presence of Ehsan Ali, accused admitted that the shop would not be vacated as
the previous tenant had renewed the agreement. When the complainant
demanded his money back, the accused refused to return the same and
threatened the complainant. Hence, the present case.
3. I have heard the Ld. Counsel for applicant/complainant at length.
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4. Before deciding the present application, it becomes imperative to keep
in consideration the circumstances when such an application u/s 156 (3 ) (C)
Cr.PC should be entertained by the court. In Ms. Skipper Beverages Pvt.
Ltd. Vs. State 2002 Crl. LJ NOC 333 (DELHI), the circumstance when the
power of Magistrate u/s 156 (3) Cr.PC should be exercised, has been explained.
It was held that:
' 'Section 156 empowers magistrates 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 applicant himself is
in possession of evidence to prove allegations, there should be
no need to pass order u/s 156 Cr.PC. But, cases where
magistrate is of the view that nature of allegation is such that
applicant himself may not be in possession to collect and
produce evidence before court, and interest of justice demand
that police should step into to help applicant, police assistance
can be taken.''
It was again held by Hon'ble Delhi High Court in Mohd. Salim vs.
State in Crl.M.C.No. 3601/2009 decided on 10th March, 2010
that
"In fact, the Magistrate ought to direct investigation by the
Police only where the assistance of the Investigating Agency is
necessary and the Court feels that the cause of justice is likely
to suffer in the absence of investigation by the Police. The
Magistrate is not expected to mechanically direct investigation
by the Police without first examining whether in the facts and
circumstances of the case, investigation by the State machinery
is actually required or not. If the allegations made in the
application are simple, where the Court can straightaway
proceed to conduct the trial, the Magistrate is expected to
record evidence and proceed further in the matter, instead of
passing the buck to the Police under Section 156(3) of the
Code." Same was the view of Hon'ble Delhi High Court in
Subhkaran Luharuka & Anr. vs State & Anr. Crl.M.C.
No.6122-23/2005 decided on 9 July, 2010.
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5. Now coming to the facts of the present case and after going through
the application and complaint of the applicant/complainant, the court is of
opinion that all the facts of the dispute are within the knowledge of the
applicant and even the identity of the respondent is known and there is no
requirement of any police investigation. Evidence can be taken very easily
without police investigation. So, in the facts of the present case, there appears no
requirement of police investigation. Further, if there is any need, police
inquiry can be had u/s 225 BNSS. Accordingly with the above
observations, application u/s 175(3) BNSS. is dismissed.
(PRITU RAJ)
JMFC-01(EAST)/KKD/DELHI
29.09.2026
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