Delhi District Court
Kamlesh vs Deepak on 6 June, 2019
IN THE COURT OF AJAY GOEL, ADDITIONAL
SESSIONS JUDGE/SPECIAL JUDGE (NDPS), DWARKA
COURTS, NEW DELHI.
Criminal Revision No. 119-19
In the Matter of:
Kamlesh,
W/o Sh. Puran Singh
R/o Village Paprawat
Badi Patti, Pole No. 13,
Chhawla, New Delhi. .... Petitioner
Versus
1. Deepak
S/o Harpal Singh Yadav
2. Harpal
S/o Unknown
3. Manoj
S/o Harpal Singh Yadav
4. Krishna Devi
W/o Harpal Singh Yadav
All R/o Village Paprawat, Badi Patti,
Chhawla, New Delhi.
5. The State
(Govt. of NCT of Delhi). .... Respondents
Criminal revision No. 11919 Page No. 1/5
Date of Institution of the Revision : 05.03.2019
Date of Arguments : 06.06.2019
Date on which judgment was pronounced : 06.06.2019
JUDGMENT:
1. Vide this judgment, I shall dispose of the present criminal revision petition filed against order dated 01.02.2019 passed by Ld. Trial Court whereby Ld. Trial Court dismissed the application U/s 156 (3) Cr. P. C.
2. The facts of the case are that a complaint was filed by petitioner herein in the Ld. Trial Court U/s 200 Cr. P. C. alleging therein that complainant's family was in urgent need of money in the year 2015. She and her family contacted respondent No. 2 Harpal to give a loan of Rs. 17 Lacs but he gave sum of Rs. 8,60,000/- through cheque. It is further alleged in complaint that respondent Harpal with a malafide Criminal revision No. 11919 Page No. 2/5 intention got executed a GPA dated 06.10.2015 in his favour to grab the built up property situated in revenue Estate of Village Paprawat, Delhi. It is also alleged that on 18.05.2017, at about 6 p.m. when complainant and her mother in law were at home, the respondents alongwith 5-6 other unknown persons came there and asked to return the money and forcibly entered into the premises of complainant and gave merciless beatings to complainant and her mother in law.
3. An application U/s 156 (3) Cr. P. C. was also filed with said complaint. The Ld. Trial Court observed that complainant was in possession of entire evidence/documentary or otherwise and she can prove her case as per law and with these observations, the application U/s 156 (3) Cr. P. C. was dismissed, hence present revision petition was Criminal revision No. 11919 Page No. 3/5 preferred.
4. I have perused the record and documents available in the file as well as have heard the arguments at length.
5. The perusal of record shows that a kalandra U/s 107/150 Cr. P. C. was filed by police of PS- Chhawla regarding the incident of 18.05.2017. The complaint filed by the petitioner has been fixed for pre-summoning evidence and only the application U/s 156 (3) Cr. P. C. is dismissed. No recovery is to be effected. The whole evidence can be produced by complainant. The custodial interrogation is not required. The complaint filed by the petitioner is still pending for further proceedings and only the application U/s 156 (3) Cr. P. C. has been dismissed, hence, I do not find any illegality and infirmity in the impugned order. This court is of the opinion that Criminal revision No. 11919 Page No. 4/5 impugned order is not liable to be interfered with and Ld. Trial court was right in dismissing the complaint U/s 156 (3) Cr. P. C. There is no illegality and infirmity in the impugned orders passed by Ld. Trial court and same is required to be upheld.
6. Accordingly, the present revision petition is dismissed. Impugned order passed by Ld. Trial Court does not suffer from any illegality and infirmity and same is upheld. Copy of this judgment be sent to Ld. Trial Court with TCR. Revision file be consigned to Digitally signed by record room. AJAY AJAY GOEL Date:
GOEL 2019.06.07
14:39:22
+0530
Pronounced in the open court. (Ajay Goel)
Dated : 06.06.2019 ASJ/Special Judge(NDPS),
Dwarka Courts, New Delhi.
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