Delhi District Court
Authority In The Matter Of M/S. Skipper ... vs . State Cited In 2001 Iv, on 11 September, 2015
FIR No. 658/15 PS : Neb Sarai Date : 11.09.2015 This misc application was filed by Renu Bibi through her counsel stating that accused in present FIR kept on threatening her. It is also alleged that accused persons in connivance of police and MCD officials illegally demolished her jhuggi without giving any notice to pressurize her to withdraw case. Report was filed by IO.
It was reported that no police officials had given any threats to complainant. It was also reported that no evidence come to attract offence u/s. 376 IPC in the present FIR. It was also denied that any police officials ever accompanied the accused persons.
During further status report it was reported that complainant had illegally encroached upon the government's land and police officials only provided the escort to PWD officials vide DD No. 48B.
In this misc. application, fresh allegations of commission of new offence are there, which is allegedly committed by accused persons and police officials. But, report of SHO shows that all the allegations are denied by the police officials. This application is filed as misc application however as same is showing commission of new offence, same is treated as separate complaint.
However, considering the facts and circumstances of the case, there is no ground for ordering separate registration of FIR. Having gone through the averments of application, I may state that ordering the registration of FIR involves only the process entering the substance of the information relating to the commission of a cognizable offence. The evidence is not beyond the reach of complainant or custodian interrogation is also not necessary given the nature of allegations. I am placing reliance upon one authority in the matter of M/s. Skipper Beverages Pvt. Ltd. Vs. State cited in 2001 IV, AD, Delhi, 625.
Since applicant is possessed of all the evidence and material to be produced in support of her allegation leveled in the application. Further reliance can also be placed on the authority in the matter of Gulab Chand Upadhyaya Vs. State of UP & Ors cited in 2002(2) Crimes 488 and further in judgment held in Baldev Thakural Vs. State of Uttranchal cited in 2006(1) Crimes 239.
However complainant is granted liberty to lead evidence to support her allegations.
Ahlmad is directed to give separate number to this application as complaint case. Put up for pre summoning evidence on 29.10.2015.
(Ankit Singla) MM-03/South Distt./ Saket / 11.09.2015