Interim Order 9

Order Details: COPY OF ORDER
Pdf Text: CIS no. 256/24
PS-New Usmanpur
Sushila vs. Satender Kumar @ Saurav & Ors.
-5-
“24. Regard being had to the above-said
enunciation of law, it needs to be reiterated
that the Learned Magistrate has to remain
vigilant with regard to allegations made and
the nature of allegations and not to issue
directions without proper application of mind.
He has also to bear in mind that sending the
matter would be conducive to justice and then
he may pass the requisite
order................................”
9. I have considered the submissions advanced by the
complainant. As per the ATR, filed by HC Naveen the
complainant and the respondents are relatives and respondent no.
01 is the son in law of the complainant. The daughter of the
complainant has also given written request for not taking any
action of the PCR call. Further as per the MLC of the
complainant, there was only abrasion over the hand and no
evidence of strangulation was found, further the injuries were
stated to be simple in nature by the doctor. In the ATR it has also
been mentioned that the respondents have also given a written
complaint vide GD No. 74A dated 23.09.2023 in which they have
shown that there is an apprehension that they could be implicated
in any false case by the complainant. It has been concluded in the
ATR that the complaint has been given at a belated stage and
would be out of ulterior motives.
10. As discussed above in an application under section
156 (3) Cr. PC the examination of Court is limited to find out
whether any cognizable offence is made out or not.
Contd…..
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