Delhi District Court
Prem Parkash vs Suman Lata on 24 July, 2018
IN THE COURT OF SH. SUDESH KUMARI,
ADDITIONAL SESSIONS JUDGE05, SHAHDARA,
KARKARDOOMA COURTS, DELHI.
Cr. Rev. No. 23/18 (I.D. No. 113/2018)
In the matter of :
Prem Parkash
S/o Late Sh. Khem Chand
R/o 226/1, (GF), Dungar Mohalla
Farsh Bazar, Trunk Waliband Gali
Shahdara, Delhi110032
........Revisionist
VERSUS
1.Suman Lata
W/o Sh. Surender Kumar
R/o 226/1, (FF), Dungar Mohalla
Farsh Bazar, Trunk Waliband Gali
Shahdara, Delhi110032
2. Surender Kumar
S/o. Late Sh. Khem Chand
Also At Both
R/o 226/1, (FF), Dungar Mohalla
Farsh Bazar, Trunk Waliband Gali
Shahdara, Delhi110032
3. DGM Jhilmil CBDIII
The BSES Yamuna Power Ltd.
Shakti Kiran Building
Karkardooma Delhi110032
4. Business Manager (Division Jhilmil)
The BSES Yamuna Power Ltd.
Shakti Kiran Building
CBDIII, Annexure Building
Opp. Aggarwal Funcity Mall
Cr. Rev. No. 23/18 (I.D. No. 113/2018) Page 1 of 5 pages
Karkardooma Delhi110032
5. The Head Customer Care (BYPL)
The BSES Yamuna Power Ltd.
Shakti Kiran Building
Karkardooma Delhi110032
6. State, GNCT of Delhi
Through Public Prosecutor
.....Respondents
Revision Petition Date of Institution of Revision : 10052018 Date of hearing arguments : 23072018 Date of Disposal : 24072018 ORDER The present revision petition has been filed by the revisionist Sh. Prem Prakash against the impugned order dated 22.03.2018 passed by Court of Sh. Prayank Nayak, Ld. Metropolitan Magistrate02, Shahdara, Karkardooma Courts, Delhi vide which the application of the revisionist (complainant) Under Section 156 (3) Cr.P.C. was dismissed.
Arguments considered. File perused.
It has been submitted on behalf of the revisionist that the order passed by the Ld. Trial Court is erroneous, illegal, arbitrary improper and perverse as the Ld. Trial court has failed to take into consideration the entire contents of the complaint which clearly shows that accused no. 1 had got transferred the electricity connection in connivance with the accused no. 2 to 5 on the basis of Cr. Rev. No. 23/18 (I.D. No. 113/2018) Page 2 of 5 pages forged documents and as such cognizable offence Under Section 406/420/467/468/471/506 IPC are made out against the respondents herein (accused in the complaint) and it has been further mentioned in the complaint that the complainant also made a request to accused no. 3 to 5 ( respondent no. 3 to 5 herein) to make clarification of transfer of the electricity connection without NOC of the revisionist but the departments failed to give any reply as such the present complaint required investigation by the Investigation Agency as the electricity connection has been transferred on the basis of forged documents without NOC of the revisionist.
The brief facts relevant for the disposal of the present revision petition are that complainant/revisionist has alleged that the electricity connection bearing K no. 1210115060439 and CRN no. 1210122256 was installed in the premises no. 226/1 Ground Floor, Dungar Mohalla, Farsh Bazar, Trunk wali band gali, Shahdara, Delhi110032 in his name and he was paying the bill but the respondent no. 1 Suman Lata (accused no. 1 in the complaint) had got the said electricity connection transferred in her name with the accused no. 2 to 5 illegally and unauthorizedly. The complainant/revisionist made a complaint on 21.09.2011 with the respondent no. 3 regarding the alleged transfer of the said connection and had made several correspondence with accused no. 3 to 5 in connection with the transfer of the said electricity Cr. Rev. No. 23/18 (I.D. No. 113/2018) Page 3 of 5 pages connection but of no result. The Ld. Counsel for the revisionist has argued that the respondent Suman Lata has got the said electricity connection transferred in her name on the basis of forged and fabricated documents as such have committed offence Under Section 406/420/467/468/471/506 IPC and the Ld. Trial Court has wrongly dismissed the application of the revisionist filed Under Section 156 (3) Cr. P.C. for registration of the case against the respondents.
Order dated 22.03.2018 passed by the Ld. Trial Court perused and I find no infirmity or illegality in the order dated 22.03.2018 passed by the Ld. Trial Court as in the present matter the respondents no. 1 and 2 are known to the complainant and the respondents no. 3 to 5 are the officials of the electricity department as such the complainant/revisionist is in position to prove the allegations against the respondents without assistance of the police by adducing his presummoning evidence as the revisionist can procure the evidence to prove his case by summoning the record from the concerned department of respondent no. 3 to 5 while leading her presummoning evidence in the complaint, accordingly no assistance of the police is required to collect any evidence as all the evidence is within the knowledge of the revisionist and there is no such evidence for procurement of which the assistance of the police is required. The revisionist/complainant can not insist for the registration of the case/investigation by the police as a matter of Cr. Rev. No. 23/18 (I.D. No. 113/2018) Page 4 of 5 pages right, more particularly where the evidence required to prove the case is well within the knowledge of the complainant/revisionist. As such I am of the considered opinion that the Ld. Trial court has rightly reached the conclusion that the complainant is in a position to prove the allegations without any assistance of the police and thereby has rightly dismissed the application of the revisionist Under Section 156 (3) Cr.P.C. As such there is no infirmity or illegality in the order dated 22.03.2018 passed by the Ld. Trial Court, vide which the application of the revisionist Under Section 156 (3) Cr. PC has been dismissed and as such I find no merit in the present revision petition. Consequently, the present revision petition is dismissed.
The Trial Court record be sent back alongwith copy of this order.
Revision File be consigned to Record Room.
SUDESH Digitally signed by SUDESH KUMAR Location: delhi KUMAR Date: 2018.07.24 16:26:58 +0530 (SUDESH KUMARI) ASJ05 Shahdara Karkardooma Courts/Delhi 24.07.2018 Announced in the open court Dated 24.07.2018 Cr. Rev. No. 23/18 (I.D. No. 113/2018) Page 5 of 5 pages