Interim Order 8

Order Details: COPY OF ORDER
Pdf Text: CT Cases 835/2024
Abhishek Raj V/s The State ( Govt of
NCT of Delhi) & Ors.
PS Nand Nagri
29.10.2025
Today, the undersigned is looking after the work of Sh. U. K. Jain, Ld. Ist
Link JMFC, Distt. Shahdara, KKD Courts, Delhi.
Present: Sh. Mohit Bansal, Ld. Counsel for complainant (through VC)
Vide this order, the application of the complainant seeking registration of
FIR shall be decided and disposed off.
Briefly stated the grievance of the complainant is that he is law abiding and
peace-loving citizen of India and having roots in the society. He is owner of built-up
property bearing No. E-4/50, measuring about 22 ½ Sq. Yards, Nand Nagri,
Delhi-110093. On 26/09/2019, the Complainant had purchased the built up property
bearing No. E-4/50, measuring about 22 ½ Sq. Yards built, Nand Nagri Delhi-110093 in
total sale consideration of Rs 5,00,000/- (Five Lakhs) from the brother of accused
(Bhola) namely Sh. Sushil S/o Shyam Lal R/o E-4/50, Nand Nagri, Delhi-110093. After
purchasing the said built-up property, the complainant put his goods like four chairs,
One table, One Bed and some cloths in the room and lock the room from outside.
It is further alleged by the complainant that he was regularly visiting his
aforesaid built-up property but when the Complainant had visited the same on
04/02/2014 at about 5 P.M then he found that his belongings are missing from the room
and also found another lock on the gate. Complainant inquired the same from the
proposed accused, then he started abusing in filthy language by saying that "TU
YAHAN SE BHAG JA, WARNA TUJHE JAAN SE MAAR DUNGA OR TERI LASH KA
BHI PATA NAHI CHALEGA, KYUKI YE PROPERTY MERE BHAI NE DHOKE SE BECH
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DI THI, MAINE HE TERA SAMAAN CHURAYA HAI AUR TERA TALA TODH KAR APNA
TALA LAGA DIYA HAI OR ME HI IS MAKAN ME RAHUNGA". After hearing the noise,
some public persons gathered and tried to make the proposed accused understand, but
he refused to open the lock of the aforesaid property. Even he had threatened by saying
that "YADI TU YE MAKAN LENA CHAHTA HAI TO MUJHE 5 LAKH RUPE DE TABHI
TU IS MAKAN MAI REH SKATA HAI"
It is further alleged by the complainant that he informed the police station
Nand Nagri Delhi, but they had not taken any action against accused by saying that
"YEH CIVIL MAMLA HAI ISME KOI APRADH NAHI HUA ISLIYE KOI KARYAWAHI NHI
HO SAKTI". After some time, the complainant again visited his above said built up
property and asked proposed accused No. 2 to remove his lock and vacate the said
property and also return his stolen property which was kept by complainant in the said
property but, he flatly refused to do the same and also started abusing and misbehaving
with the complainant. The proposed accused No. 2 also called his 5-6 associate over
there and they all threatened to kill complainant and to face dire consequences, if he
again visited to his above said built up property. The proposed accused No. 2 is having
link with the anti social person and local mafia. Proposed accused No. 2 is threatening
and inducing the complainant to sell the above said built up property to him on the
cheaper rate. Complainant further alleged that he has filed complaint against proposed
accused persons before police station and higher authorities but no action was taken
against the proposed accused persons. Hence, the present application.
On this complaint, an action taken report was called from SHO, PS
concerned which was filed thereafter, wherein it was mentioned that the present matter
pertains to be of civil of nature.
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Ld. Counsel for complainant has already addressed his arguments on the
application of the complainant.
Submissions heard. Record perused.
Perusal of record reveals that all the evidences are clearly within the reach
of the complainant and same can be put forth before the court by him while leading his
evidence. In this complaint allegations levelled are serious in nature but undoubtedly the
identity of the proposed accused persons is already known and no facts are to be
unearthed requiring the police aid and it is not the case where the collection of evidence
is required. In case police aid is required at any later stage, the same can be sought in
terms of section 202 Cr. PC.
In these circumstances, no grounds are made out to proceed further with
the registration of FIR in this matter. Accordingly, the application of complainant for
registration of FIR stands dismissed.
However, keeping in view the allegations made in the complaint given by
the complainant, let this be registered as a complaint case.
Matter be now put up for recording of statement of complainant U/s 200
Cr. PC on 27.01.2026.
(Deepakshi Rana)
JMFC-03/SHD/KKD Courts/ Delhi
29.10.2025
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