Order 7

Order Details: COPY OF ORDER
Pdf Text: 36
Ct. Cases 1638/2023
RENU BALA Vs. DINESH GARG JAIN
29.03.2025
Regular Stenographer is on leave today.
Present: None for the complainant.
Arguments on the application u/s 156(3) Cr.PC have al-
ready been heard. Matter is fixed for orders. No clarifications are re-
quired. The entire case file including the ATR has been perused care-
fully.
Reproduction of facts is dispensed with for the sake of
brevity.
In the considered opinion of this Court the perusal of
complaint and the annexures attached therewith reveal that the allega-
tions contained therein do not disclose commission of such cognizable
offence which is required to be investigated by the police.
Reliance is placed by this Court on the judgment deliv-
ered in case titled as
'M/s Skipper Beverages P. Ltd. Vs. State', 2002
Cr.L.J. NOC 333 (Delhi) wherein Hon'ble Delhi High Court held that
Section 156 (3) Cr.P.C. empowers a Magistrate to direct police to reg-
ister case and initiate investigation but this power has to be exercised
judiciously and not in a mechanical manner. Those cases where alle-
gations are not very serious and complainant herself in possession of
evidence to prove allegation, there should be no need to pass order u/
sec. 156(3) Cr.P.C. But cases where the Magistrate is of the view that
nature of allegation is such that complainant himself may not be in
position to collect and produce evidence before court, and interest of
justice demand that police should step in to help complainant, police
assistant can be taken.
In view of the aforementioned facts and circumstances
of the case and considering the settled legal position, this is not a fit
case for invoking powers under Section 156(3) of Code of Criminal
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Procedure, 1973 and for directing the SHO of concerned police station
to register FIR for the following reasons:-
(i) The identity of the accused person (s) is already known.
(ii) The entire evidence is in the control of the complainant.
(iii) All the incriminating facts are already in the knowledge of
the complainant.
(iv) Resort to section 202 Cr.PC can always be taken at the later
stage.
In these circumstances, the application under Section
156(3) of Code of Criminal Procedure, 1973 for directions to police to
register FIR and for police investigation is hereby dismissed.
An opportunity is granted to the complainant to prove
his case by leading evidence in his support.
Be put up for PSE on 14.08.2025.
(DIVYA ARORA)
JMFC-04/North-West/ Delhi
29.03.2025
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