Interim Order 3

Order Details: COPY OF ORDER
Pdf Text: 23 Ct. Cases / 1144/2024 Saroj Bala Vs. Anita
PS Shabad Dairy
22.01.2026
Present : Mr.Arjun Mehta, ld. counsel for the complainant.
Husband of the complainant in person.
EO/HC Kapil in person.
ATR filed. Copy supplied to the opposite side.
Arguments heard.
Orders at 4 PM.
(BHARTI BENIWAL)
Judicial Magistrate First Class-05
North, Rohini Courts, New Delhi
At 4 PM
ORDER
1. Briefly stated, the present complaint has been instituted by
the complainant Saroj Bala against her daughter-in-law and other
family members of her daughter-in-law, alleging commission of
cognizable offences.
2. It is the case of the complainant that on 29.06.2024 at
about 10:20 AM, the respondents, acting in furtherance of their
common intention, arrived at her residence in two vehicles,
namely WagonR and Swift Desire, allegedly armed with sharp-
edged weapons such as knives, country-made pistols, paper-
cutting blades and small swords. It is alleged that the
complainant was brutally assaulted, respondent Kamla and
Monika allegedly restrained her while respondent Arjun is stated
to have kicked her on the stomach, causing pain and discomfort.
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3. It is further alleged that respondent Sonu and other
associates tore her clothes, inappropriately touched her, outraged
her modesty and caused her both physical injury and mental
trauma. It is also claimed that part of the alleged incident was
captured by CCTV cameras installed in the society. On these
allegations, the complainant asserts commission of offences
relating to robbery, outraging the modesty of a woman, criminal
intimidation, criminal trespass and violations under the Arms
Act.
4. Aggrieved by the alleged inaction of the police, the
complainant states that she made a written complaint dated
11.07.2024 to the SHO concerned and forwarded its copy on
12.07.2024 to the DCP/OND, however, no action was taken,
compelling her to approach this Court.
5. An Action Taken Report has been filed by Head Constable
Kapil Kumar. As per the said report, the CCTV footage submitted
by the complainant was analysed, and no such incident, as
alleged, was found to be recorded therein. It is further reported
that FIR No. 117/2024 dated 06.10.2024 under Sections
323/406/498-A/506/34 IPC has already been registered at Police
Station Ballabgarh, and the present complaint appears to be a
counterblast to the said FIR.
6. Arguments were heard and the material placed on record
has been carefully considered.
7. The complainant has relied upon her medical documents,
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wherein the injuries sustained have been opined to be simple in
nature. The CCTV footage relied upon by the complainant has
also been perused by this Court. At this stage, it is evident that
the parties are closely known to each other and are already
embroiled in parallel litigation. The identity of the
respondents/proposed accused is not in dispute and the
complainant is admittedly in possession of all material evidence
sought to be relied upon by her.
8. It is a settled principle of law that the power under Section
175(3) BNSS is not to be exercised mechanically. Direction for
registration of FIR is warranted only where the nature of
allegations necessitates collection of evidence beyond the reach
of the complainant or where a detailed, technical or complex
investigation by the State agency is indispensable. In the present
case, no such circumstances are made out. The facts alleged do
not disclose a situation requiring custodial interrogation,
recovery of weapons, or any specialised investigative exercise
that cannot be undertaken during the course of a complaint case.
9. This Court is of the considered view that the grievance of
the complainant can be adequately addressed by leading evidence
before the Court. At this stage, the invocation of police
machinery would neither advance the cause of justice nor serve
any useful purpose.
10. Accordingly, the application filed by the complainant
under Section 175(3) BNSS is dismissed.
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11. List the matter for pre-summoning evidence on
06.09.2026.
(BHARTI BENIWAL)
Judicial Magistrate First Class-05
North Rohini Courts New
Delhi/22.01.2026
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