AMIT KHERA Vs. GOVT OF NCT OF DELHI

JUDGEMENT

(1.) By the present petition, the petitioner has assailed an order passed by learned ASJ dismissing the revision petition of the petitioner against an order of learned MM dismissing an application for the petitioner under Section 156(3) Cr.P.C.

(2.) Brief facts relevant for purposes of deciding the present petition are that the petitioner made a complaint to SHO that he received threats on his mobile phone from another mobile phone whose phone number petitioner disclosed. The petitioner had recorded the conversation of the caller and himself and gave this conversation to the police and wanted police to initiate action. The police, however, did not register an FIR. The petitioner thereafter approached the learned MM. The learned MM in his order observed that in his opinion the allegations made in the application by the petitioner do not warrant registration of an FIR as the petitioner had failed to explain why involvement of police machinery was required since no recovery was to be made by the police officials and the allegations of illegal demand of money and giving threats could very well be established before the Court on leading proper evidence. He further observed that no technical or scientific investigation was required, therefore, he refused to give directions under Section 156(3) Cr.P.C for registration of FIR and dismissed the application of the petitioner. He went on observing that since the applicant had not approached the Court with a complaint under Section 200 Cr.P.C and only sought directions for registration of FIR, no further action was needed on his application. He gave liberty to the applicant to file a complaint under Section 200 Cr.P.C. The learned ASJ before whom the revision was preferred observed that though no form of complaint under Section 200 Cr.P.C was prescribed, the application made by the petitioner could not be treated as a complaint under Section 200 Cr.P.C and the petitioner was at liberty to file a regular complaint under Section 200 Cr.P.C. He found no infirmity in the order of trial court.

(3.) Both the orders above show insensitiveness of the courts to the poor litigants and apathy to the common man. Both the courts below acted in an arbitrary manner contrary to the settled legal position. Section 2(d) Cr.P.C. defines complaint as under: