Order 4

Order Details: COPY OF ORDER
Pdf Text: 41
Ct. Cases 9999/2024
Akanksha Gupta Vs. Laxmi Devi
23.07.2025
Present: Ms. Muskan, Ld. proxy counsel for the complainant.
Arguments on the application u/s 175(3) BNSS have
already been heard. Matter is fixed for orders. No clarifications are
required. The entire case file including the ATR has been perused
carefully.
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
register case and initiate investigation but this power has to be exer
cised judiciously and not in a mechanical manner. Those cases where
allegations 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, po
lice 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 175(3) of Bharatiya Nagarik
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Suraksha Sanhita, 2023 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 223 BNSS can always be taken at the
later stage.
In these circumstances, the application under Section
175(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 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.
Put up for PSE on 26.11.2025.
(DIVYA ARORA)
JMFC04/NorthWest/ Delhi
23.07.2025
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