VIKRANT KUMAR Vs. STATE

JUDGEMENT

(1.) This petition is filed under Section 482 CrPC read with Article 227 of the Constitution of India challenging the order dated 8.9.2009 of learned ASJ in Crl.Rev.P. 254/2009 whereby the revision petition filed by the petitioner was dismissed and also challenging the order dated 10.7.2009 of learned Metropolitan Magistrate where the application of the petitioner filed under Section 156(3) CrPC was dismissed.

(2.) The petitioner herein had filed a complaint on 25.5.2008 with P.S. Kotla Mubarakpur alleging that the respondent No. 2 in connivance with respondent Nos. 3, 4 and 5 had conspired to misappropriate Flat No. 505, Ground Floor, Sunhari Bagh Apartments, Sector 13, Rohini, Delhi by applying for mutation of the said property in DDA. The petitioner had alleged that the property belonged to late Mrs. Swaran Kapoor (grandmother of the petitioner) and was bequeathed to the petitioner exclusively. The petitioner alleged that respondent No. 2 while applying for said mutation in DDA concealed the second page of the will wherein the fact of the property being bequeathed to the petitioner was mentioned. However, no FIR was registered by the police.

(3.) On 15.7.2008, the petitioner addressed a letter to the concerned DCP about non-registration of FIR by the police. On 24.3.2009, the petitioner filed before the Metropolitan Magistrate a complaint under Section 200 CrPC along with an application under Section 156(3) CrPC. The application of the petitioner was dismissed by the learned M.M., vide his order dated 10.7.2009 expressing the view that it was not a case where investigation was required by the police and asked the petitioner to lead pre-summoning evidence.