Interim Order 4

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF SH. TUSHAR GUPTA, ACJM/NORTH-
EAST, KARKARDOOMA COURTS, DELHI
32 CT Cases 469/2026 SHANAJ Vs. NAGMA (Dayal Pur)
23.09.2026
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 03:00 pm.
(TUSHAR GUPTA)
ACJM/NE/KKD Courts
23.09.2026
At 03:00 pm.
Present: None for complainant.
Vide present application, there has been allegation by
the complainant that matrimonial life of Faizn, her son, and
accused No.1, was not well after 4-5 months of their marriage as
accused No. 1 had demanded to transfer the property in her name
by executing of sale deed. It is further alleged that complainant
alongwith her family was humiliated, insulted, mentally harassed,
threatened and abused in filthy language by accused No.1 as well
as her family members on many occasions. It is also alleged that
Faizan, complainant’s son, committed suicide by these acts of
accused persons. Being aggrieved, complainant made a complaint
to SHO PS Dayalpur 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…
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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. Perusal of the report of IO as well copy of statements
made by complainant and her son Mohd. Arman reveals that they
do not have any suspicion on any persons regarding suicide
committed of complainant’s son Faizan. 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 18.12.2026.
(TUSHAR GUPTA)
ACJM/NE/KKD Courts
23.09.2026
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