Order 7

Order Details: COPY OF ORDER
Pdf Text: 47 Ct. Cases 16779/2023
G K GUPTA Vs. SUMITRA 00/2023
(Kanjhawala)
13.02.2025
Present : 	None for the complainant.
Arguments were heard earlier
Order on Application u/s 156(3) CrPC
1. The complainants prays for registration of an FIR on the ground that the
accused was working as his assistant at his clinic. Both of them jointly
purchased a property by pooling their respective funds; however, the accused
caused the property to be registered in her own name. Thereafter, the matter
was resolved by the intervention of the accused’s brother, however, the
accused was not satisfied with the settlement and was prevented from
attempting suicide by her brother. Thereafter, on 30.04.2023 at about 10 AM
the accused along with few goons attacked the complainant at his clinic. The
complainant called the PCR and thereafter a case u/s 107/151 CrPC was
registered against him. When he returned from the PS after availing bail the
accused again demanded possession of the clinic along with her associates.
Despite approaching the police, no action was taken.
2. ATR was called in this matter. As per the ATR, the accused informed the
EO that she had paid the entire money towards the purchase of property and
thereafter, it was agreed between her and the complainant that the
complainant would run his clinic on the ground floor and stayed with his
family on first and second floor and further that the complainant would pay
the accused from the earnings from his clinic and civil suit between the
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parties is already pending. It is further reported that parties habitually keep
on giving complaints against each other over the property dispute.
3. Ld. Counsel for the complainant argued forcefully that the complaint
discloses cognizable offences and FIR shall be registered against the accused
persons.
4. It is trite that when considering an application under Section 156(3) CrPC,
the court must be convinced that the information suggests the commission of
cognizable offenses and that police investigation is essential for gathering
evidence that the complainant cannot independently obtain. Bearing these
principles in mind, and after examining the core allegations and the Action
Taken Report in totality, I find that the complainant can establish her case
without the need for police investigation at this stage.
5. Notably, all relevant facts and evidence appear to be within the
complainant’s knowledge and possession, which he can present during the
trial by examining witnesses and submitting documents. Consequently, there
is no need for additional investigation or recovery that requires police
assistance at this point. Should any disputed facts require examination later,
Section 202 CrPC (or 225 BNSS) may be utilized. Therefore, the present
application under Section 156(3) CrPC is dismissed. The complainant may
proceed with pre-summoning evidence.
6. Matter be listed for pre-summoning evidence on 09.06.2025.
(APOORV BHARDWAJ)
JMFC-02, NORTH WEST DISTRICT
ROHINI COURTS DELHI/13.02.2025
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