Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 30
CT Cases75/2024
AMIT RANA Vs. CHANDRAKANTA ANDOTHERS (KARAWAL
NAGAR)
05.08.2024
Present: Counsel for complainant.
Argument heard.
Put up for orders at 04.00 PM.
(SAHIL MONGA)
JMFC-04/NE/KKD/Delhi
05.08.2024
Present: None.
1. By this order, I shall dispose of application under section 156 (3) of
Cr.P.C. seeking directions to the concerned SHO for registration of FIR
against the accused for the offence u/s
323/324/341/379/392/394/395/452/383/506/34 IPC. I have heard
arguments from the Ld. counsel for complainant.
2 Action taken report in the present matter was called from SHO
concerned and the same was filed by EO. I have carefully perused the
present complaint, annexed documents and the status report.
3. It has been held by the Hon’ble Supreme Court of India in Mrs.
Priyanka Srivastava & Anr. Vs. State of U.P. & Ors., Crl. Appeal No.
781 of 2012 that:
“27. In our considered opinion, a stage has come in this
country where Section 156(3) Cr.P.C. application are to be
supported by an affidavit duly sworn by the applicant who
seeks the invocation of the jurisdiction of the Magistrate. That
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apart, is an appropriate case, the learned Magistrate would be
well advised to verify the truth and also can verify the veracity
of the allegation. This affidavit can make the applicant more
responsible.
..................”
4. It has been held by the Hon'ble High Court of Delhi in Subhkaran
Luharuka & Anr. Vs. State & Anr., Crl. M.C. No. 6122-23/2005 that:
(iii) "The Magistrate, when approached with a Complaint
under Section 200 of the Code, should invariably proceed
under Chapter XV by taking cognizance of the complaint,
recording evidence and then deciding the question of issuance
of process to the accused. In that case also, the Magistrate is
fully entitled to postpone the process if it is felt that there is a
necessity to call for a police report under Section 202 of the
Code".
(iv) "Of course, it is open to the Magistrate to proceed under
Chapter XII of the Code when an application under Section
156 (3) of the Code is also filed along with a Complaint under
Section 200 of the Code if the Magistrate decides not to take
cognizance of the Complaint. However, in that case, the
Magistrate, before passing any order to proceed under
Chapter XII, should not only satisfy himself about the pre-
requisites as aforesaid, but, additionally, he should also be
satisfied that it is necessary to direct Police investigation in the
matter of collection of evidence which is neither in the
possession of the complainant nor can be produced by the
witnesses on being summoned by the Court at the instance of
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the complainant, and the matter is such which calls for
investigation by a State Agency. The Magistrate must pass an
order giving cogent reasons as to why he intends to proceed
under Chapter XII instead of Chapter XV of the Code".
5. It has been held by the Hon'ble High Court of Delhi in Vijay Gupt v.
Development Credit Bank Ltd. & Ors., Crl. Rev. P. No. 41/2019 dated
14.01.2019 that:
11. Thus, the Magistrate is not supposed to act mechanically
and direct registration of FIR in each and every case in
routine and casual manner. Criminal law is not expected to
be set in motion on mere asking of a party. There has to be
some substance in the complaint filed and it is only if it
appears that allegations are serious enough and establish the
commission of cognizable offence required thorough
investigation by the police, an FIR should be ordered to be
registered. The Magistrate can treat an application under
Section 156(3) Cr.P.C. as a complaint case, adopt the
procedure of the complaint case by recording evidences
under Sections 200 and 202 Cr.P.C. and then either proceed
under Section 203 Cr.P.C. and dismiss the complaint if no
offence is made out on summoning the accused under
Section 204 Cr.P.C. whose complicity is disclosed in the
inquiry conducted by it under Sections 200 and 202 Cr.P.C.
6. It is settled law that U/s. 156(3) Cr.P.C., Magistrate has power to
direct the police to register a case and investigate the matter, but his power
is to be exercised judiciously and not in a mechanical manner. In the
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matters where the complainant has in his possession all the evidence
required to prove his allegations, there should be no need to pass an order
U/s. 156 (3) Cr.P.C. In this regard, reliance is placed, on the decision of our
own Hon'ble High Court in M/s. SKIPPER BEVERAGES PVT. LTD.
Vs. STATE, Cited as 2001 IV AD (Delhi), wherein it has been held as
under:-
"It is true that Section 156(3) of the Code empowers to
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. This 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 interest of justice demand that the police should
step in the help the complainant".
7. In the present case all the facts and circumstances of the case are
within the knowledge of the complainant. The identity of the accused is
also known to the complainant. In the facts and circumstances of the case
there is no requirement of collection of evidence by police at this stage as
the complainant can lead his evidence at this stage and if the same is
required at later stage, then Section 202 Cr.P.C. can be resorted to. In the
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present facts and circumstances, the application of the complainant u/s
156(3) of Cr.P.C. stands dismissed. The complainant is at liberty to pursue
his complaint u/s 200 Cr.P.C.
8. Put up for per-summoning evidence on 23.10.2024.
(SAHIL MONGA)
JMFC-04/NE/KKD/Delhi
05.08.2024
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