Delhi District Court
Deepak Nagar vs State on 23 September, 2015
IN THE COURT OF SH. SANJAY JINDAL, ADDL. SESSIONS
JUDGE WEST - 04, TIS HAZARI COURTS, DELHI
CRIMINAL RIVISION No. 181/3/15
IN THE MATTER OF :
1 Deepak Nagar
S/o Sh. Shyam Singh Nagar
R/o 408/2E, Godadia Road,
Anand Parbat, New Delhi.
2 Parveen
S/o Sh. Daulat Ram
R/o 52/22, Gali No. 16, Nai Basti,
Anand Parbat, New Delhi - 110005.
3 Prem
S/o Sh. Mohan Lal
R/o B4/469, Prem NagarII,
Gali No. 12, Nangloi,
Delhi.
............PETITIONERS
versus
1 State
(Govt. of NCT of Delhi)
Through Public Prosecutor Delhi
2 Asha Ram Gautam
S/o Late Sh. Sheetal Prasad,
CR No. 181/3/15 Deepak Nagar & Ors. vs. State & Anr. PAGE No. 1/6
R/o H.No. 284/C1, Gali No. 8,
Nehru Nagar, Anand Parbat,
Delhi110008.
........RESPONDENTS
DATE OF FILING : 22.09.2015
DATE OF ARGUMENT : 23.09.2015
DATE OF ORDER : 23.09.2015
O R D E R
1 This is a revision petition filed by petitioners Deepak Nagar, Parveen and Prem against the impugned Order dated 15.09.2015 passed by the Ld. ACMM thereby allowing the application u/s 156 (3) Cr.P.C filed by respondent no. 2 and directing the SHO concerned to register an FIR against the petitioners.
2 The brief facts necessary for disposal of the present petition are that the respondent no. 2 filed a complaint u/s 200 Cr.P.C alongwith application u/s 156 (3) Cr.P.C against three accused persons (all petitioners herein) with allegations that complainant/respondent no. 2 is running an NGO in the name of Avedh Nirman and Pollution Control Sansthan (Regd) and working against encroachment, illegal and unlawful construction in notified area, specially land belonging to DDA and earmarked CR No. 181/3/15 Deepak Nagar & Ors. vs. State & Anr. PAGE No. 2/6 for civil amenities/public conveniences. It is further alleged that accused no. 1 (petitioner no. 1) is self made builder and involved in illegal encroachment/unlawful/unauthorized construction activities over the vacant notified government land in Anand Parbat Area with help of his employees namely Parveen (petitioner no. 2) and Prem (petitioner no. 3). It is further alleged that on 05.06.2015 at about 08.30 am, all accused persons gave beatings to complainant with fists and blows and snatched the helmet and sony camera of the complainant. It is further alleged that accused Prem also slapped the complainant and snatched purse containing Rs. 2020/, ATM card of ICICI Bank and driving license. It is further alleged that accused Deepak Nagar while beating the complainant asked accused no. 2 & 3 to finish the complainant. Further that complainant made complaints to the police but no action was taken by police. Hence, complaint before ld. trial court.
3 Ld. Trial Court vide order dt. 15.09.2015 allowed the application u/s 156 (3) Cr. P.C filed by complainant and directions were given to SHO concerned to register an FIR and investigate the matter.
4 By way of present petition, it is contended on behalf of the petitioners that the impugned Order is liable to be set CR No. 181/3/15 Deepak Nagar & Ors. vs. State & Anr. PAGE No. 3/6 aside as the said order is bad in law and not sustainable. Further that the trial court has not considered the material facts involved in the case. Further that ld. trial court has failed to appreciate that the complaint filed by complainant is false frivolous and imaginary with sole intention to counter the allegations of FIR No. 387/15 and is mere attempt to misdirect the investigation of the aforesaid case. Further that ld. trial court has failed to appreciate the status report filed by IO. Further that ld. trial court has failed to appreciate that the respondent no. 2 (complainant) is a habitual extortionist of the area, who on the pretext of NGO is involved in the offence of extortion and blackmailing from the innocent persons in the area of Anand Parbat. Further that impugned order is a nonspeaking order and the same is against the law and thus liable to be setaside. It is further argued that all allegations are false and no police investigation is required in the present matter. Certain other contentions are also made and it is prayed that impugned order dt. 15.09.2015 be setaside and application u/s 156 (3) Cr.P.C of complainant be dismissed.
5 I have heard ld. counsel for petitioner and carefully perused the record in the light of submissions made before me.
6 The Ld. Trial court while allowing the application u/s 156 (3) Cr.P.C, filed by respondent no. 2 has observed that CR No. 181/3/15 Deepak Nagar & Ors. vs. State & Anr. PAGE No. 4/6 the complaint filed by the complainant discloses commission of cognizable offence and the court is of the considered view that investigation by the police is required in this case. Perusal of record shows that complainant in his complaint has leveled specific and categorical allegations against the petitioners and in view of seriousness of allegations against the petitioners, there is need of police investigation. If the observations given by Ld. Trial court are analyzed in view of material available on record and law laid down by superior courts, same are found to be correct.
7 A careful perusal of the record in general and the impugned Order in particular, it reveals that the petitioners have not been able to show any reasonable ground for interference with the impugned Order. Ld. Trial Court while passing the impugned Order dated 15.09.2015, has taken into consideration the relevant facts. It is well settled law that revisional jurisdiction is normally to be exercised in exceptional cases where there is a glaring defect in procedure or there is manifest error of law and consequently there has been a flagrant miscarriage of justice. If the impugned order is analyzed in light of the scope of section 397 Cr.P.C, no wrong, illegality, impropriety or irregularity is noticed therein. The issues raised by the petitioners by way of present petition are subject matter of investigation and trial.
CR No. 181/3/15 Deepak Nagar & Ors. vs. State & Anr. PAGE No. 5/6 8 In view of above discussion, the revision petition is found to be devoid of merits, hence, dismissed.
TCR be sent back alongwith copy of this Order.
File of the revision petition be consigned to Record Room.
ANNOUNCED IN THE OPEN COURT (SANJAY JINDAL)
TODAY i.e.ON 23 September 2015 ASJ:04:WEST:THC:DELHI
rd
23.09.2015
CR No. 181/3/15 Deepak Nagar & Ors. vs. State & Anr. PAGE No. 6/6