Order 5

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: 61 Ct. Cases / 23469/2024
Tarun Vs. Jagan Nath Prasad /0 (Prem Nagar)
25.03.2026
Present: None for the complainant.
1. Vide this order, the undersigned shall dispose off the application of the complainant
filed u/s 156 (3) Cr.P.C.
2. Brief facts of the case are that the complainant has stated that the proposed accused
persons are residing in the house opposite to that of the complainant and proposed
accused no. 1 is having a plot adjacent to the house of the complainant, due to which,
they continuously pressurize the complainant and his family members to sell their
house to him and when they refused, he gave life threats to the complainant and his
family members. On 29.06.2024, at about 3:30 PM, the proposed accused no. 1 came
before the house of the complainant and abused the complainant and gave life threat and
when complainant objected and told him not to abuse, he went back to his house and
came back with an iron rod along with two sons and one daughter. It is stated by the
complainant that the said Jagannath tried to hit upon the head of the complainant with
the rod, however, the same was stopped by the complainant and thereafter, the accused
no. 1 tried to bite the right hand of the complainant, which was also saved by the
complainant, however, the accused no. 1 bit right hand thumb of the complainant and
again, made an assault with the iron rod, due to which, the complainant received injury
on the right elbow. It is further alleged by the complainant that all the accused persons
gave fist and blows to the complainant and also, extended threats. Upon this, the
complainant raised hue and cry and his family members came out of the house and
accused no. 1 to 3 caught hold of the complainant no. 2 and gave slaps to him and that
accused no. 1 to 3 misbehaved and tore clothes of complainant no. 2 and molested her,
thereafter, the brother of complainant no. 1 came out from the house, on which, the
Contd…….
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accused fled from the spot and thereafter, at about 4:00 PM, the complainant made a call
at 112 and again called on 04.10.2024 and PCR came on the spot and after one hour,
complainant and his brother visited at police station and gave written complaint,
however, no DD entry or receipt was issued to him. It is furthere stated that no action
has been taken by the police.
3. Report was called from the SHO/IO concerned, wherein it is reported that during
enquiry, it was revealed that on 29.06.2024, an FIR bearing no. 353/2024 u/s
308/354/323/341/506/509/34 IPC was registered on the statement of Sandhya against
the complainant. It is further reported that the complainant had no MLC and no cctv
footage. It is stated that the present case is a counter blast to the said FIR and no
cognizable offence is made out.
4. 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
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”.
Contd…….
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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
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”.
Contd…….
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5. 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 he 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. There is considerable delay in filing of the application since the same has
been filed in December, 2024, however, the incident pertains to June, 2024. 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 him on the oath.
6. As per the mandate of 223 BNSS, issue notice to alleged accused for NDOH on filing of
PF within 15 days from today.
7. Be put up for submissions on point of cognizance on 18.09.2026.
(Shagun)
JMFC-06/North-West/RC
Delhi/25.03.2026
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