Final Order 3

Order Details: COPY OF ORDER
Pdf Text: 24CT Cases63/2023
TUSHAR KANT Vs. VINOD KUMAR AND OTHERS
(Dayal Pur)
25.04.2023
Present: Counsel for complainant.
1. Arguments on the point of summoning already heard. File
perused.
2. It is the case of the complainant herein that on 06.10.22 and
12.10.2022, when the complainant was not present at his house, the accused
persons came to his house and purportedly misbehaved, threatened and
manhandled his mother (on 12.10.2022). Purportedly a demand of Rs. 1 Lakh
was also made by the accused from the father of the complainant on
12.10.2022. Complainant also alleges that later he was implicated in a false
POCSO case by accused No. 1, due to which it appears the complainant had
to go to Jail. This factum of false case is mentioned in the police complaint
placed on record by the complainant.
3. On the aforesaid allegations, complainant prays summoning of the
accused under various provisions of law. In support of the said allegations,
complainant had produced himself in the witness box as CW-1; his father Atma
Ram as CW-2 and his mother Pooja as CW-3.
4. A bare perusal of the testimony of CW-1/complainant shows that
none of the alleged incidents dated 06.10.2022 or 12.10.2022 took place in the
presence of CW-1 and thus, testimony of CW-1 is of no evidentiary value and
cannot be relied upon to summon any of the accused. Again, testimony of CW-
2 and CW-3 shows that purportedly the accused persons had confronted the
said witnesses with respect to the conduct of CW-1 towards the child of
accused No. 1. It appears from the record that on the complaint of the said
child and/or of accused No. 1, a POCSO case was lodged against CW-1. It
appears that the present complaint is essentially a counter blast and the
testimony of CW-2 and CW-3 qua any alleged trespass or any demand of
money (purportedly made on 12.10.2022) does not inspire confidence of this
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Court and appears to be a manufactured story to be used as a leverage in the
POCSO case pending against CW-1. It is pertinent to note that as per the
testimony of CW-2, no police call was made by him on 12.10.2022 when
purportedly the accused persons trespassed into the property of the said
witness or manhandled his wife. It is surprising that when an earlier incident
had taken place on 06.10.2022 and it was again repeated on 12.10.2022, CW-
2 or CW-3 did not even make any phone call or give a police complaint against
the accused. It appears that it was only on 17.12.2022 that a complaint was
given for the first time to the SHO concerned. This shows that the story being
set up by the complainant is neither trustworthy nor believable.
5. It is settled law that initiation of criminal proceedings against the
accused is a serious matter and courts should be satisfied that the ingredients
of the alleged offence are prima-facie made out before initiating criminal
process. It is settled law that in case, from the perusal of the complaint if the
basic ingredients of the offence are not made out or the allegations made by
the complainant does not inspire confidence, such complaints should be
nipped in the bud.
6. In this case, neither any offence appears to have been committed
nor does the allegations made therein inspire confidence of this court. It
appears that the complainant herein is trying to use the present proceedings as
a counter blast to the POCSO case against him. The same cannot be
permitted in law as the story of the complainant is not believable and does not
inspire confidence of the Court. Thus, I am not inclined to summon any
accused in this case.
7. Accordingly, complaint U/s 200 Cr.P.C stands dismissed.
8. File be consigned to Record Room after due compliance.
Aashish Gupta
ACMM/NE/KKD Courts
25.04.2023
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