Interim Order 10

Order Details: COPY OF ORDER
Pdf Text: CIS no. 256/24
PS-New Usmanpur
Sushila vs. Satender Kumar @ Saurav & Ors.
-6-
11. In totality of circumstances, this is not a fit case for
invoking powers under Section 156 (3) of the Code of Criminal
Procedure, 1973 and for directing the SHO of concerned police
station to register FIR for the following reasons : -
a. The identity of the accused persons is already
known.
b. No facts are to be unearthed so as to require aid of
police and it is also not the case where the collection of
evidence is required.
c. Custodial interrogation of the accused person(s) is not
necessary.
d. The evidence required in the case is within the reach of the
complainant.
e. The present application appears to have been only filed to
put pressure on opposite side by getting registered FIR
against them.
f. Furthermore, if, police aid would be required at any stage
the same could be sought under Section 202 of Cr. P.C. and
further, aid of Section 91, 93 and 94 of Cr. P.C. could be
taken at appropriate stage and time, if required.
12. In view of the above-said reasons, application of the
applicant/complainant under Section 156 (3) of The Code of
Criminal Procedure, 1973 is hereby dismissed.
13. The complainant has come before this Court with
jural succor and therefore, the complainant should be given an
opportunity to prove his allegations leveled in the complaint.
Contd…..
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