Order 6

Order Details: COPY OF ORDER
Pdf Text: CIS no. 256/24
PS-New Usmanpur
Sushila vs. Satender Kumar @ Saurav & Ors.
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despite the PCR call and MLC of the complainant. Aggrieved by
the inaction of the police, the complainant approached DCP,
North-East and filed a written complaint on 06.09.2023 upon
which no action has been taken. Aggrieved the complainant has
approached this Court.
2. Action Taken Report as per judgment of
Hon'ble
High Court of Delhi in matter of
“Subhkaran Luharuka & Anr.
Vs. State (Government of NCT of Delhi) & Anr.”, 170 (2010)
was called in this matter which was filed by EO/HC Naveen on
27.05.2024. As per the ATR, no cognizable offence was made out
and the allegation of the complainant are motivated by their
motives owing to matrimonial dispute between her daughter and
respondent no. 01. Also as per the ATR the daughter of the
complainant refused to give any statement and rather stated that
she does not want any legal action.
3. Submission heard.
4. In the matter of
“M/s Skipper Beverages Pvt. Ltd.
Vs. State” 2002 Crl. LJ NOC 333 (Delhi), it has been held as
under : -
“Section 156 empowers Magistrate to direct
police to register case and initiate investigation
but this power has to be exercised judiciously
and not in mechanical manner. Those cases
where allegations are not very serious and
complainant himself is in possession of
evidence to prove allegation, there should be no
need to pass order under Section 156”.
Contd…..
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