Delhi District Court
Sh. Ramesh Lal vs State (Govt. Of Nct Of Delhi) on 7 February, 2018
Criminal Revision No.31/2018
IN THE COURT OF SH. PULASTYA PRAMACHALA
SPECIAL JUDGE (PC ACT) CBI : EAST DISTRICT
KARKARDOOMA COURTS, DELHI
Criminal Revision No. : 31/2018
Under Section : 200 Cr.P.C.
CC No. : 6211/2017
PS : Pandav Nagar
CNR No. : DLET01-000785-2018
In the matter of :-
SH. RAMESH LAL,
S/o. Late Kashmere Lal,
R/o. 49, Gali No.2 & 3, Pratap Nagar,
Mayur Vihar, Phase-I, Delhi. ............PETITIONER
VERSUS
1. STATE (GOVT. OF NCT OF DELHI)
2. SH. RAMESH CHAND
R/o. A-60, Gali No.3, Pratap Nagar,
Mayur Vihar, Phase-I, Delhi.
3. NOT KNOWN
S/o. Sh. Ramesh Chand,
R/o. A-60, Gali No.3, Pratap Nagar,
Mayur Vihar, Phase-I, Delhi.
4. NOT KNOWN
W/o. Sh. Ramesh Chand,
R/o. A-60, Gali No.3, Pratap Nagar,
Mayur Vihar, Phase-I, Delhi.
5. SH. MOHAN LAL
S/o. Late Kashmere Lal,
R/o. 49, Gali No.2 & 3,
Pratap Nagar, Mayur Vihar, Phase-I, Delhi.
..........RESPONDENTS
Date of Institution : 05.02.2018
Date of Receiving : 06.02.2018
Date of reserving order : 07.02.2018
Date of pronouncement : 07.02.2018
Decision : Petition is dismissed.
Page 1 of 5 (Pulastya Pramachala)
Special Judge (PC Act) CBI, East District
Karkardooma Courts, Delhi
Criminal Revision No.31/2018
ORDER
1. This revision petition is directed against the order dated 30.10.2017, passed by trial court in a complaint case titled as Ramesh Lal v. Ramesh Chand & Ors. bearing CC No.6211/2017, under Section 200 Cr.P.C. Vide impugned order dated 30.10.2017, trial court dismissed application under Section 156(3) Cr.P.C and fixed the case for pre summoning evidence.
BRIEF FACTS OF THIS CASE :-
2. Briefly stated, the relevant facts giving rise to this revision petition are that petitioner herein/Sh. Ramesh Lal filed a complaint under Section 200 Cr.P.C against the respondents no.2 to 5 herein. In the complaint, he alleged that in the evening of 24.04.2017 at about 07:00 PM, sister of complainant went to the portion of Sh. Mohan Lal/respondent no.5 herein for starting the motor as she wanted to take bath. At about 08:00 PM Sh. Mohan Lal came to the portion of complainant and started using filthy language against his sister. On intervention of complainant, Sh. Mohan Lal started misbehaving with complainant and also made a fake call at 100 number. Thereafter, a police constable came to the spot and after counseling both the parties, he went from the spot. On the same day, at about 09:00 PM, Sh. Mohan Lal again started quarreling with the complainant and on hearing noise, neighbor of complainant Sh. Ramesh Chand, his wife and son accused no.1 to 3 (respondents no.2 to 4 herein) reached the spot and forcibly tried to enter into portion of complainant and they also broke his window's mirror and forcibly and illegally entered into portion of his property. All accused persons were having danda in their hands and they started beating complainant mercilessly, due to which complainant sustained severe injuries on his body and he Page 2 of 5 (Pulastya Pramachala) Special Judge (PC Act) CBI, East District Karkardooma Courts, Delhi Criminal Revision No.31/2018 became unconscious. Complainant got himself treated in LNJP hospital and obtained his MLC vide EM No.EED021064.
3. Thereafter, on 23.05.2017 at about 1-01:30 PM when complainant and her sister were present at their home, accused Ramesh Chand, his wife and son again forcibly entered into premises of complainant and threatened him that if he wanted to save his life, then he should leave the house after vacating the same. On the same day, on resistance of complainant, Sh. Ramesh Chand and his son got annoyed and angry and again started mercilessly beating him with danda, due to which complainant sustained severe injuries.
Thereafter, complainant made call at 100 number at about 02:28 PM. Complainant did not get any police assistance and he was finally taken to LBS hospital by his friend Sh. Tekchand. But doctors in that hospital also referred him to other hospital for CT Scan. His MLC was prepared. At about 12:00 AM, complainant went to LNJP hospital, where his CT Scan was conducted and another MLC was prepared in LNJP hospital on 24.05.2017. Complainant made complaint to SHO PS Pandav Nagar on 24.05.2017, but once again no action was taken by police.
4. Ld. MM dismissed the application on the grounds that no technical evidence was to be gathered in this case and thus, assistance of investigating agency was not required.
GROUNDS : -
5. Being aggrieved of the impugned order dated 30.10.2017, petitioner has preferred this revision petition on the following relevant grounds :-
● That trial court did not appreciate the facts that prima facie case is made out against respondent no.2 to 5.
● That trial court did not appreciate that facts that on 23.05.2017 at Page 3 of 5 (Pulastya Pramachala) Special Judge (PC Act) CBI, East District Karkardooma Courts, Delhi Criminal Revision No.31/2018 12 AM, complainant/petitioner went to Lok Nayak hospital, Delhi, where his CT scan was done and he along with Sh. Tekchand stayed there till 03:30 AM. MLC of petitioner was also prepared, but no action was taken by concerned officials of PS Pandav Nagar, Delhi.
● That trial court did not appreciate the settled position of law that an FIR must be registered as soon as the information of cognizable offence came into the knowledge of the authorities. ● That trial court passed the impugned order dated 30.10.2017 without application of mind and proceeded the matter for pre- summoning evidence, stating that all the evidences are in the hand of petitioner. Petitioner filed all complaints, MLC and other medical treatment on court record, which might be overlooked by trial court.
● That trial court failed to appreciate that complainant/petitioner sustained grievous injuries due to beatings given by respondents no.2 to 5.
● That trial court ought to see that IO filed its status report in mechanical manner and IO had not investigated the matter as required under the law.
APPRECIATION OF ARGUMENTS, FINDINGS & DECISION :-
6. Ld. counsel for petitioner made arguments on the same lines of grounds taken in revision petition. On perusal of complaint and trial court record, I do find that there is no specific point for investigation by police. Complainant is well aware of the identity of accused persons. The facts related to incidents are within his personal knowledge. The records of MLC etc can be summoned by the court on the basis of particulars provided by complainant and hence, I do not find any infirmity in the decision taken by ld. CMM to dismiss the Page 4 of 5 (Pulastya Pramachala) Special Judge (PC Act) CBI, East District Karkardooma Courts, Delhi Criminal Revision No.31/2018 application under Section 156(3) Cr.P.C. Hence, revision petition is dismissed.
7. TCR along with copy of this order be sent back. File be consigned to record room, as per rules.
Digitally signed by PULASTYA PRAMACHALA PULASTYA Location: Court
PRAMACHALA No.3,
Karkardooma
Courts, Delhi
Date: 2018.02.07
12:05:44 +0530
Announced in the open court (PULASTYA PRAMACHALA)
today on 07.02.2018 Special Judge (PC Act) CBI, East
(This order contains 5 pages) Karkardooma Courts, Delhi
Page 5 of 5 (Pulastya Pramachala)
Special Judge (PC Act) CBI, East District
Karkardooma Courts, Delhi