Order 5

Order Details: COPY OF ORDER
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CT Cases 521/2023
Mohd. Suleman Malik Vs. Rana Pratap Singh & Ors.
10/05/2024
Present: None for the complainant.
Arguments on application U/s 156 (3) Cr.P.C heard.
1. Succinctly put, the complainant alleges that the
complainant came in contact with the accused persons through
Youtube app. The complainant is in possession of 24 old coins
and he intended to strike a deal in respect to the said old
currency coins with the accused persons. The complainant
alleges that final deal of Rs. 56 lakhs was arrived at between the
complainant and the accused persons. The complainant paid
registration charges of Rs. 1,450/ to accused Arpit Shukla
through Phonepay app. Thereafter, he paid amounts on different
occasions to the accused persons as per their demands. The
complainant states that accused persons again asked for Rs.
32,000/ to be paid in the account of Yashwant Singh Lodhi
whereon he got suspicious and refused to make the payment.
The complainant alleged that he has been cheated for a sum of
Rs. 31,648/ till date as the accused persons have been using
fake IDs to the receive the above stated amount. Being
aggrieved the complaint prays that appropriate directions be
given for registration of FIR against the proposed accused
persons.
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2. ATR was filed by the IO wherein it is stated that
there is dispute regarding money between the complainant and
proposed accused Rana Pratap. No cognizable offence appears
to have been committed and the dispute appears to be of civil
nature.
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 156 (3) Cr.P.C for issuing directions to register
FIR against the proposed accused. It is clear that the identity of
the alleged accused persons is ascertained and known to the
complainant. 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 156 (3) Cr.P.C is
hereby dismissed.
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The complainant is, however, at liberty to proceed
with his complaint U/s 200 Cr.P.C and to lead presummoning
evidence. It may be noted that in case any police enquiry is
deemed necessary at a later stage, recourse to Section 202
Cr.P.C can be taken at that stage.
Put up for PSE on 23/08/2024.
(Prigya Gupta)
ACMM/NE/KKD Courts
10/05/2024
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