Full Order Text
Order 3 · 05 Jun 2026 · CNR DLNE020023832026
Order Details: COPY OF ORDER Pdf Text: IN THE COURT OF SH. TUSHAR GUPTA, ACJM/NORTH- EAST, KARKARDOOMA COURTS, DELHI 7 CT Cases / 159/2026 MUNAWWAR ALI Vs. THE NCT OF DELHI /0 (Sonia Vihar) 05.06.2026 Present: Complainant in person with counsel. Matter is fixed for argument. Arguments heard on application u/s 175(3) BNSS. Put up for order at 04:00 pm. (TUSHAR GUPTA) ACJM/NE/KKD Courts 05.06.2026 At 04:00 pm. Present: None for complainant. Vide present application, there has been a dispute regarding the supply of scrap materials. It is alleged by the complainant that he transferred Rs.50,000/- from his bank account and paid in cash Rs.42,000/- to respondent No. 2 Jahid, however no scrap material was supplied to him nor his amount was returned. Being aggrieved, complainant made a complaint to SHO PS Sonia Vihar and to the higher authorities i.e. DCP but despite that, no steps were taken by the concerned police officials. Complainant accordingly prays for registration of FIR against proposed accused persons. 2. ATR was filed by the IO. Cont… -- 1 of 2 -- -2- 3. I have given my thoughtful consideration to the contentions of the complainant and have gone through the record as well as perused the report. 4. From the perusal of the facts of the present complaint, material on record and after hearing the submissions of Ld. Counsel for the complainant, there appears no need to invoke Section 175 (3) BNSS for issuing directions to register FIR against the proposed accused persons. No facts need to be unearthed as all the facts and circumstances of the case also appear to be within the knowledge of the complainant. The evidence is well within the reach of the complainant and no assistance of police is required to gather the same. Further, the custodial interrogation of the alleged accused persons is not necessary and the facts of the case are not such that would warrant a detailed and complex investigations to be carried out by the State Agency. Thus, in the facts of the present case, I do not consider it fit to order for registration of FIR. The application U/s 175 (3) BNSS is hereby dismissed. The complainant is however at liberty to proceed with his complaint U/s 223 BNSS and to lead pre-summoning evidence. It may be noted that in case any police enquiry is deemed necessary at a later stage, recourse to Section 225 BNSS can be taken at that stage. Put up for PSE on 02.09.2026. (TUSHAR GUPTA) ACJM/NE/KKD Courts 05.06.2026 -- 2 of 2 --