Interim Order 9

Order Details: COPY OF ORDER
Pdf Text: 74 Ct. Cases 16292/2025
Naman Sharma Vs. Nirbhay Basoya
PS (Ashok Vihar)
03.10.2026
Present: None for complainant.
The matter is at the stage of orders on point of
cognizance/ summoning.
Order on Summoning
1. Case of the complainant is that on the intervening
night of 30.03.2025, at about 2:15 AM, the complainant was
allegedly abused and assaulted by accused Nirbhay Basoya,
Nirupam Dixit, Kartik Goel and their associates near Kanhaiya
Nagar Metro Station. The accused persons allegedly pelted stones
and wooden sticks at his vehicle, chased him in a Baleno car and
threatened to shoot him by brandishing a pistol. They further
allegedly followed him to PS Ashok Vihar, where they assaulted
and threatened him and his friend, and subsequently vandalised his
vehicle bearing registration No. HR-03-AE-1513. The
complainant made multiple PCR calls, the details whereof are
attached with the complaint as Annexure A/1, photographs of the
damaged vehicle are Annexure A/2. Despite the incident being
allegedly captured in CCTV footage, no FIR was registered,
although the complaint was recorded vide DD No. 555, Annexure
A/3. The complainant further relied upon the order passed by the
Ld. J.M.F.C. directing preservation of CCTV footage, Annexure
A/4, and alleged that he and his family continue to receive threats
from the accused persons to withdraw the complaint. It is
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therefore prayed that the accused persons be summoned under
Section 126/115/324/351/122/3(5)/109 BNS.
2. Pre-summoning evidence was recorded in the matter
wherein the complainant examined himself as CW1 and deposed
on the same lines as the contents of the complaint. The
complainant also relied upon the following documents:-
a) Record of PCR calls Ex. CW1/1 (OSR);
b) photographs of damaged vehicles Ex. CW1/2 (Colly);
c) complaint made to police Ex. CW1/3;
d) CCTV Preservation order Ex. CW1/4;
No other witness was examined in PSE and therefore, PSE
stood closed.
3. Heard. Record perused.
4. In a catena of judgments, Hon’ble High Court of Delhi and
Hon’ble Supreme Court of India have directed caution to be
exercised at the time of summoning an accused in a criminal case.
The courts are also expected to remain vigilant to prevent the
misuse of criminal law to seek a purely civil relief or to settle
personal scores. In Pepsi Foods Ltd.
v Judicial Magistrate (1998)
5 SCC 749 Hon’ble Supreme Court held that:-
‘28. Summoning of an accused in a criminal case is a
serious matter. Criminal law cannot be set into motion as a matter
of course. It is not that the complainant has to bring only two
witnesses to support his allegations in the complaint to have the
criminal law set into motion. The order of the Magistrate
summoning the accused must reflect that he has applied his mind
to the facts of the case and the law applicable thereto. He has to
examine the nature of allegations made in the complaint and the
evidence both oral and documentary in support thereof and would
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that be sufficient for the complainant to succeed in bringing
charge home to the accused. It is not that the Magistrate is a silent
spectator at the time of recording of preliminary evidence before
summoning of the accused. The Magistrate has to carefully
scrutinise the evidence brought on record and may even himself
put questions to the complainant and his witnesses to elicit
answers to find out the truthfulness of the allegations or otherwise
and then examine if any offence is prima facie committed by all or
any of the accused.
5. In a recent case also, the Hon’ble Supreme Court of India
deprecated the practice of utilising the criminal law to avail civil
relief. (Reference : Shikhar Chemicals
v State of U.P., 2025 SCC
OnLine SC 1643).
6. In the facts of the present matter, cotemporary PCR calls
have been made by the complainant regarding the incident in
question and has also filed photographs of his damaged car on
record. The same substantiates the possibility of occurrence of
the incident in question. Further CCTV footage pertaining to the
incident has also been preserved.
7. Accordingly, on the basis of the allegations of the
complainant and the supporting material on record, accused
persons namely Nirbhay Basoya, Nirupam Dixit and Kartik Goel
be summoned for the offenses u/s 115(1)/324(2)/126/351/3(5)
BNS.
8. Put up for appearance of the accused persons for
05.01.2027.
(ABHINAV SINGH)
JMFC-01/NW/Rohini
03.10.2026
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