Full Order Text
Interim Order 9 · 17 Jul 2026 · CNR DLNE020122922024
Order Details: COPY OF ORDER Pdf Text: IN THE COURT OF SH. TUSHAR GUPTA, ACJM/NORTH- EAST, KARKARDOOMA COURTS, DELHI 38 CT Cases / 1028/2024 IRSHAD Vs. MOHD SHAKIR ORS /0 (Dayal Pur) 17.07.2026 Present: Complainant in person with counsel. IO in person. Matter is fixed for argument. Arguments heard on application u/s 175(3) BNSS. Put up for order at 04:00 pm. (TUSHAR GUPTA) ACJM/NE/KKD Courts 17.07.2026 At 04:00 pm. Present: None for complainant. Vide present application, there has been a dispute regarding the property bearing Plot No. 25 measuring 75 sq. yards Khasra No. 347, Gali No. 9, near Anar Masjid, Old Mustafabad, Delhi-94 and the property bearing Plot No. 26 measuring 50 sq. yards Khasra No. 347, Gali No. 9, near Anar Masjid, Old Mustafabad, Delhi-94. It is also alleged that these property gifted by father of complainant to him, however the accused persons misbehaved and threatened to life and tried to illegally possess the said property. Further, submitted that earlier also dispute had arose regarding the same. 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 Cont… -- 1 of 2 -- -2- officials. Complainant accordingly prays for registration of FIR against proposed accused persons. 2. ATR was filed by the IO. 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 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 29.10.2026. (TUSHAR GUPTA) ACJM/NE/KKD Courts 17.07.2026 -- 2 of 2 --