Interim Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 25 Ct. Cases / 2388/2025 HEMNAT KUMAR Vs. MOHIT DALAL (NARELA)
03.06.2026	03.06.2026
The undersigned is working as Duty JMFC today.	The undersigned is working as Duty JMFC today.
Present: Sh. M.K. Singh, Ld. Counsel for complainant.
IO/ASI Surender in person.
Arguments on application u/s 175(3) BNSS are heard.
The case of complainant is that after the incident, the proposed accused Mohit
Dalal fled away from the spot and thereafter upon intervention of police in the matter, he was
traced out and during inquiry, he admitted that the incident in question took place due to his
rash and negligent driving of the vehicle. It is also stated by complainant that due to the
incident, serious grevious injuries were suffered by the complainant and the incident has even
led to the disability to the tune of 40% to the complainant. It is also the contentions of
complainant that during inquiry, the abovenamed proposed accused agreed to compensate the
complainant by making payment of the treatment related expenditure which till date has come
to be around Rs. 2.5 lacs but the proposed accused had only paid Rs. 43,000/ to the
complainant. Ld. Counsel for complainant has requested that since matter has disclosed
commission of cognizable offence, therefore the FIR may be registered in the matter.
ATR filed by ASI Surender is already on record and same is perused.
It is an undisputed fact that the inquiry divulged that the incident took place due
to rash and negligent driving of the vehicle by proposed accused Mohit Dalal. The fact that
serious injuries were suffered by the complainant during the incident is also prima facie evident
from the medical treatment records of the complainant. It is also stated in ATR that after
admitting his fault, the proposed accused settled the matter with the complainant and has paid
agreed compensation of Rs. 43,000/ alongwith additional amount of Rs. 8,000/ towards the
expenses on repair of motorcycle of complainant.
It is pertinent to state that once the police came into knowledge regarding the
incident, it was duty bound to register the FIR in the matter and proceed with investigation but
same was not done and rather the compromise was stated to be effected between the parties on
the basis of which the complaint was closed. The aforesaid action of police was not justified in
law. In the considered view of this court, since the matter has disclosed occurrence of
cognizable offence and prima facie the need for investigation is felt in the same due to peculiar
circumstances of the case, therefore, let a notice be issued to SHO PS Narela for
registration of FIR for offences u/s 281/125b BNS against accused Mohit Dalal and initiate
the investigation into the same in accordance with law.
SHO PS Narela is directed to register the FIR in the matter within 24 hours
from time of receipt of this order and file the report on NDOH.
Be listed for further proceedings on 18.08.2026.
Let copy of this order be sent to concerned SHO for compliance.
(Rishabh Kapoor)
JMFC01, North District
Rohini Courts, Delhi	Rohini Courts, Delhi
03.06.2026	03.06.2026
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