Order 4

Order Details: COPY OF ORDER
Pdf Text: 44
Ct Cases / 2635/2024
Hajari Lal Vs. Mohan Lal And Ors /0 (Sarojini Nagar)
23.12.2024
Present : None.
1. Vide this order, I shall dispose off an application filed by the
complainant u/sec 156(3) of the Code of Criminal Procedure, 1973.
2. It is the case of the complainant that the proposed accused and the
complainant have a property dispute regarding a shop situated at Sarojini Nagar
market and on 05.03.2024 at around 9:00 P.M., the proposed accused
wrongfully restrained the complainant and gave beatings to him with a sharp
object due to which he sustained serious injuries over his head. It is stated that a
PCR call was made and the complainant got himself medically examined,
however no action was taken by the police despite a complaint being given at
the Police Station and to the DCP concerned.
3. ATR was called from the concerned PS. As per the same it has
been stated that the proposed accused and the complainant are brothers and they
have an ongoing property dispute. It is also stated that the opinion over the
MLC of the complainant was stated as “simple injury” hence NCR no.
0006/2024 dated 02.04.2024 was registered and no FIR was registered as no
cognizable offence was found to be made out.
4. Considering the facts and circumstances of the case which have
been revealed in the ATR, this Court is of the opinion that field investigation is
not required in the present case. All the evidence is within the reach of the
complainant. No new facts are to be unearthed and the custodial interrogation is
not needed. The recourse to section 202 CrPC can be taken, if any need for
police investigation arises, in future. The legal position with respect to use of
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powers under section 156(3) CrPC has been laid down by the Hon’ble Court of
Delhi in M/s Skipper Beverages Pvt. Ltd. vs State 92 (2001) DLT 217,
“It is true that Section 156(3) of the Code empowers a Magistrate to
direct the police to register a case and initiate investigations but this power has
to be exercised judiciously on proper grounds and not in a mechanical manner.
In those cases where the allegations are not very serious and the complainant
himself is in possession of evidence to prove his allegations there should be no
need to pass orders under Section 156(3) of the Code. The discretion ought to
be exercised after proper application of mind and only in those cases where the
Magistrate is of the view that the nature of the allegations is such that the
complainant himself may not be in a position to collect and produce evidence
before the Court and interests of justice demand that the police should step in to
held the complainant. The police assistance can be taken by a Magistrate even
Under Section 202(1) of the Code after taking cognizance and proceeding with
the complaint under Chapter XV of the Code as held by Apex Court in 20001
(1) Supreme Page 129 titled " Suresh Chand Jain Vs. State of Madhya Pradesh
& Ors."
5. Consequently, in view of the fact that all the evidence are within
reach of the complainant and the circumstances discussed herein before and the
law laid down by the Hon’ble High Court of Delhi, the application under
section 156(3) stands dismissed.
6. Complainant is at liberty to lead PSE on 05.03.2025.
(Vaibhav Kumar)
JMFC-05/PHC/ND
23.12.2024
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