KRITENDER SHARMA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THIS petition has been filed by the petitioner impugning the order dated 04.01.2012 passed by learned MM in C.C No.1625/1 whereby the request of the petitioner to refer the matter for investigation to the police was declined and the petitioner/complainant was directed to lead pre -summoning evidence.

(2.) IN brief, the facts as mentioned in the petition are that the complainant is a social worker carrying on many activities in general public interest. He came to know that one Smt.Manju Tyagi, W/o Shri Devinder Tyagi, R/o House No.3/20, Tibia College, Karol Bagh, New Delhi 110005 and her accomplice Chetanya Bharti, S/o Shri Chander Bharti, R/o 16/20, Tibia College, Karol Bagh, New Delhi -110005 are trying to grab the Tibia College Property bearing House No.16/20, Tibia College, Karol Bagh, New Delhi -110005 illegally on the basis of false and fabricated documents like general power of attorney, affidavits and indemnity bond, which have been executed by them with intend to create the title as owner of the said property. The complainant also came to know both of them have also used the same in the office of BSES as well as Delhi Jal Board at the time of taking the connection. The photocopies of said general power of attorney, affidavits and indemnity bond were enclosed with the complaint alleging that some other people were also involved who helped them in these illegal activities.

(3.) VIDE impugned order, after considering the facts of the complaint, learned Trial Court considered the case law on the subject i.e. M/s Skipper Beverages Pvt. Ltd. vs. State reported as 2001 VI AD(Delhi) and Gulab Chand Upadhaya vs. State of U.P. & Others, 2002 Crl. L. J. 2907, Allahabad High Court where it was held that where accused and his address is known to the complainant, the evidence of the witnesses are also known to him and it is not a case where any other material evidence is required to be collected and can be preserved, in such a case no investigation was required by the police for launching a successful prosecution.