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[Cites 12, Cited by 0]

Delhi District Court

Pawan vs . on 7 September, 2019

            In the court of Sh. Prayank Nayak, MM­02 (SHD), Delhi.


CC No. 142/18
PS: Harsh Vihar

                                     Pawan
                                      vs.
                               Deepak Rana & Ors.

07.09.2019
Present:   Complainant in person with counsel.

               Arguments heard.
               Put up for orders today at 3.00 PM.


                                                       (Prayank Nayak)
                                                     MM­02(KKD/SHD)/Delhi
                                                            07.09.2019

At 03.00 PM
Present:   None.

1.

Vide this complaint, complainant seeks summoning of accused Deepak and Ghanshyam Rana for criminal defamation which is punishable u/s 307/308/325/323/201/506/342/341/182/34 IPC.

2. Complainant examined himself as witness. He has deposed that on 10.10.2017, he had gone to the shop of Deepak. Thereafter, Deepak and his father Ghanshyam dragged him and started beating him. It is also alleged that Deepak took out a katta from his drawer and tried to shoot him. Thereafter, he was thrown out on the road.

Pawan v. Deepak & Ors. Page No . 1 of 2

3. The Hon'ble Supreme Court in "Sonu Gupta vs. Deepak Gupta and Ors." (2015) 3 SCC 424, held as under: ­ "8. .....At the stage of cognizance and summoning the Magistrate is required to apply his judicial mind only with a view to take cognizance of the offence, or, in other words, to find out whether prima facie case has been made out for summoning the accused persons. At this stage, the learned Magistrate is not required to consider the defence version or materials or arguments nor he is required to evaluate the merits of the materials or evidence of the complainant, because the Magistrate must not undertake the exercise to find out at this stage whether the materials will lead to conviction or not."

4. Since no medical witness has been examined, it cannot be said that the injuries suffered by the complainant were grievous or caused by rod or cylinder. Hence, applying the legal position as stated above and the discussion in preceding paragraphs, prima facie offence u/s 323/342/34 IPC is made out against the accused persons. Hence, accused Deepak Rana and Ghanshyam be summoned for 24.01.2020 on filing of PF.



                                                          (Prayank Nayak)
                                                     MM­02(KKD/SHD)/Delhi
                                                            07.09.2019




Pawan v. Deepak & Ors.                                             Page No . 2 of 2