Order 11

Order Details: COPY OF ORDER
Pdf Text: 54 Ct. Cases 10502/2023
Anjana Kumari Vs. Balraj Singh 00/2023 (Prem Nagar)
15.10.2025
Present: Complainant is present.
Be put up for orders at 4:00 PM.
(Shagun)
JM1stC-06/North-West/RC/Delhi/15.10.2025
AT 4:00 PM.
Present: None.
Vide this order, the undersigned shall dispose off the application of the
complainant filed u/s 156 (3) Cr.P.C.
Brief facts of the case are that on 07.02.2014, complainant purchased a 50
square yard plot from the accused persons for consideration and the accused persons
sought some time to deliver possession and continue to possess the property. It is further
stated by the complainant that GPA, Affidavit and Receipt were issued in her favour along
with a Possession Letter and a Will. It is further submitted that despite repeated requests,
till date the accused persons have not vacated the property. It is stated that complaints were
made to the police, however, no action has been taken by the police.
Report was called from the SHO/IO concerned, wherein it is reported that
the matter is civil in nature and no cognizable offence is made out. It is also reported that
the alleged could not have over the physical possession due to water logging and also
offered the complainant other plots instated of the present PIQ.
It is settled law that U/s 156 (3) Code of Criminal Procedure, a magistrate
has power to direct the police to register a case and investigate the matter, but this power is
to be exercised judiciously and not in a technical manner. In the matters where the
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complainant has in his possession all the evidence required to prove his allegations, there
should be no need to pass an order U/s 156 Code of Criminal Procedure. In this regard,
reliance is placed on the decision of our own Hon'ble High Court in M/s. SKIPPER
BEVERAGES PVT. LTD. Vs. STATE, Cited as 2001 IV AD (Delhi), wherein it has been
held as under:
“It is true that Section 156(3) of the Code empowers the Magistrate to direct
the police to register a case and initiate investigation but his power has to be
exercised judiciously on proper grounds and not in a mechanical manner. In
those cases where the allegations are not very serious and the complainant
himself is in possession of evidence to prove his allegations, there should be no
need to pass orders under section 156 (3) of the Code. This discretion ought to
be exercised after proper application of mind and only in those cases where the
Magistrate is of the view that the nature of the allegations is such that the
complainant himself may not be in a position to collect and produce evidence
before the court and interest of justice demand that the police should step in the
help the complainant”.
Hon'ble Supreme Court of India has laid down guidelines to decide applications u/s
156(3) Cr.P.C. in a case titled as
Priyanka Srivastava and Another v. State of U.P. and
Others (CRIMINAL APPEAL NO.781 OF 2012 ) DOD. 19.03.15, wherein it was
held:-
“
26. At this stage it is seemly to state that power under Section 156(3) warrants
application of judicial mind. A court of law is involved. It is not the police
taking steps at the stage of Section 154 of the code. A litigant at his own whim
cannot invoke the authority of the Magistrate. A principled and really grieved
citizen with clean hands must have free access to invoke the said power. It
protects the citizens but when pervert litigations takes this route to harass their
fellows citizens, efforts are to be made to scuttle and curb the same.
27. In our considered opinion, a stage has come in this country where Section
156(3) Cr.P.C. applications are to be supported by an affidavit duly sworn by
the applicant who seeks the invocation of the jurisdiction of the Magistrate.
That apart, in an appropriate case, the learned Magistrate would be well
advised to verify the truth and also can verify the veracity of the allegations.
This affidavit can make the applicant more responsible. We are compelled to
say so as such kind of applications are being filed in a routine manner without
taking any responsibility whatsoever only to harass certain persons. That apart,
it becomes more disturbing and alarming when one tries to pick up people who
are passing orders under a statutory provision which can be challenged under
the framework of said Act or under Article 226 of the Constitution of India. But
it cannot be done to take undue advantage in a criminal court as if somebody is
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determined to settle the scores. We have already indicated that there has to be
prior applications under Section 154(1) and 154(3) while filing a petition
under Section 156(3). Both the aspects should be clearly spelt out in the
application and necessary documents to that effect shall be filed. The warrant
for giving a direction that an the application under Section 156(3) be supported
by an affidavit so that the person making the application should be conscious
and also endeavour to see that no false affidavit is made. It is because once an
affidavit is found to be false, he will be liable for prosecution in accordance
with law. This will deter him to casually invoke the authority of the Magistrate
under Section 156(3). That apart, we have already stated that the veracity of
the same can also be verified by the learned Magistrate, regard being had to the
nature of allegations of the case. We are compelled to say so as a number of
cases pertaining to fiscal sphere, matrimonial dispute/family disputes,
commercial offences, medical negligence cases, corruption cases and the cases
where there is abnormal delay/laches in initiating criminal prosecution, as are
illustrated in Lalita Kumari are being filed. That apart, the learned Magistrate
would also be aware of the delay in lodging of the FIR”.
From the facts of the case, the undersigned is of the opinion that the
assistance of investigating agency is not required in the present case for the collection of
evidence. The facts and circumstances of the present case are such that the complainant is
in possession of entire evidence, further she can summon the witnesses. Thus it does not
appear to be a case where the police assistance is required for the purpose of collection of
evidence. Further if in future any need would arise police assistance can be taken U/s 202
Cr.P.C. None of the evidence in the present case is beyond the reach of the complainant.
Accordingly, the present application u/s 156 (3) of Code of Criminal is dismissed. In the
facts of the present case, the undersigned deem it appropriate that the complainant be
directed to prove the allegations made by her on the oath.
Put up for consideration on complaint of the complainant on 04.04.2026.
Issue notice to alleged accused for NDOH on filing of PF within 10 days from today
in compliance of 223 BNSS.
(Shagun)
JM1stC-06/North-West/RC/Delhi/15.10.2025
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