Order 6

Order Details: COPY OF ORDER
Pdf Text: 38 CT Cases / 893/2024
JYOTI RANI Vs. RAM KISHOR /0 (Dayal Pur)
15.05.2025
Present: Complainant with Ld. Counsel, Sh. K.Raj.
Today, counsel for complainant has made submissions
on the point of requirement of sanction for registration of FIR
against public servants/ police officials and has relied upon certain
judgments in support of his arguments.
Now to come up for orders at 04:00 PM.
(Dhanashree Deka)
ACJM/NE/KKD Courts
15.05.2025
At 04:00 pm
Present:- None for complainant.
Matter is listed for orders.
1. Brief facts of the case are that on 01.07.2024, at 11:00
PM, proposed accused no. 1 to 4 illegally parked their vehicle/Eco
car near the complainant’s house, due to which complainant’s
brother was unable to move his car. Complainant’s brother
requested proposed accused no. 1 to 4 to remove their vehicle but
they started abusing and threatening the brother of the complainant.
Complainant’s brother made call to the police whereupon PCR van
came around midnight. A police person from PS Dayalpur
telephonically called the complainant’s brother and talked to him in
rough language. Thereafter, at about 01:00 AM of 01.07.2024,
complainant saw that proposed accused no. 1 to 4 alongwith about
10 other unknown persons were standing in front of her house with
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danda/lathi, pistol, knife, etc. and they were abusing the
complainant and her family. Complainant called the police, certain
police officials came and shook hands with proposed accused no. 1
and 2 and proposed accused no. 5 to 11 forcibly entered her house,
and misbehaved with her and her family and threatened to
implicate them in false cases. Being aggrieved, complainant made
a complaint to SHO PS Dayalpur on 06.07.2024 and to the higher
authorities i.e. DCP on 07.07.2024 but despite that, no steps were
taken by the concerned police officials. Complainant accordingly
prays for registration of FIR against proposed accused persons U/s
61(2)/3(5)/74/79/115/131/332(b)/333/351/199(c)BNS.
2. ATR was filed by the IO. As per the ATR, no
cognizable office is made out.
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 persons. 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
-- 2 of 3 --
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. It may be noted that proposed accused no.
5 to 13 are police officials and therefore, it will be in interest of
justice that matter may be allowed to be proceeded as a complaint
case so as to rule out any possibility of unfair investigation, if FIR
is ordered to be registered. 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. The
complainant is however at liberty to proceed with his complaint
U/s 200 Cr.P.C 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 202 Cr.P.C can be taken at that stage.
Put up for PSE on 13/10/2025.
(Dhanashree Deka)
ACJM/NE/KKD Courts
15.05.2025
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