Order 4

Order Details: COPY OF ORDER
Pdf Text: IN THE COURT OF MS. GARIMA JINDAL,
JUDICIAL MAGISTRATE FIRST CLASS-06,NORTH, ROHINI
COURTS, DELHI
Item no. 68
Ct. Cases856/2024
Mohd Sabir Vs. The State And Ors
05.12.2024
Present: None.
Vide this order, I shall decide the application u/s 156 (3)
Cr.PC. The facts of the complaint in brief are that the complainant has been
doing the work of Kabadi and has been earning livelihood for his family.
The father of the complainant had been running a Kabadi shop since the last
35 years at A-17, Gopal Nagar, Azadpur. The said shop was on rental basis,
rent of which was being regularly paid by the complainant's father to the
proposed accused and his family members. In the year 2000, father of the
complainant had purchased the said shop from the proposed accused and
thereafter the complainant by doing hard and laborious work had managed
to get his brothers and sisters married and every one of them was entrusted
with the responsibility of their respective work and at present all the
brothers and sisters due to the smooth running of the said shop are well
settled in life. Proposed accused was habitual in visiting the said shop of the
complainant in order to harass him and on the basis of his influence with
false officers and political leaders has been trying to evict the complainant
from the said shop by hatching different conspiracies. The proposed accused
while adopting such tactics have several times quarreled with the
complainant. For a long time, proposed accused and his associates did not
allow the complainant to install an electricity connection in the said shop
and the complainant in order to run his business has been borrowing
electricity from one of his neighbours and eventually they also stopped
giving electricity connection and since then the complainant has been
running the shop in darkness. Thereafter, complainant has filed a case in the
court for grant of permission for installing a new electricity connection in
the said shop which is presently pending in the court of Sh. Pritu Raj. Civil
Judge. It is further averred that on 15.05.2024 the proposed accused and his
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family members came in the night and threatened the complainant to vacate
the said shop and said "AGAR TU YAHAN SE NAHIN BHAGA TO HUM
TUJHE KISI BHI CASE ME PHANSA DENGE HAMARI BATCHEET
BADE BADE CRIME BRANCH KE AFSARON SE HAL". It is further
averred that the proposed accused taking the support of the Head Constable
Kuldeep Singh of PS, Adarsh Nagar, Delhi, have extended threats to the
complainant of implicating him in any false case. Thereafter, the
complainant has lodged a complaint to the S.H.O., P.S. Adarsh Nagar, Delhi
dated 21.05.2024 with the copy sent to the Lt. Governor and to the DCP
Ashok Vihar, Delhi-110002 but the police authorities have not taken any
action against the accused persons. Hence, the present complaint has been
filed.
ATR was filed under the signatures of SI Sargam Bhardwaj
dated 02.08.2024. It is stated the the ATR that inquiry was conducted in the
matter and the complainant upon inquiry has failed to produce any
ownership documents qua the same and rather stated that the same are
submitted in the civil suit pending between the parties. It is further stated in
the ATR as regards the allegations leveled by the complainant against HC
Kuldeep Singh that the said police official is the beat constable of that area
and the said allegations have been leveled against him by the complainant as
he has filed various FIRs against the complainant u/s 188 IPC (Needless to
mention here that details of the said FIRs has been mentioned in the ATR).
Heard. Record perused.
This court is of the view that the real issue between the
parties is primarily civil in nature and to the mind of the court, the present
complaint has only been filed by the complainant just to exert undue
pressure on the accused and the complainant by way of present complaint is
trying to give it the color of criminal offence which can not be allowed by
this court to serve his vested interest. In view of the above discussion, prima
facie no case is made out against the accused which requires investigation
by police to unearth the truth. Moreover, the facts as alleged by the
complainant are within the knowledge of complainant which can be proved
either by himself or through summoned witnesses who can testify to his
allegations against the accused persons. Thus, in view of the above, the
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court is not inclined to use the discretion vested in the court u/s 156(3)
Cr.P.C in favour of the applicant/complainant.
Thus, the present application u/s 156(3) Cr.P.C. is hereby
dismissed.
(Garima Jindal)
Judicial Magistrate First Class-06
North District
Rohini Courts,Delhi/
05.12.2024
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