RAJ BALA Vs. STATE OF NCT

JUDGEMENT

(1.) This petition has been filed under Sec. 482 Cr.P.C., by the applicant before the learned Metropolitan Magistrate (for short, "learned MM") being aggrieved by the order dtd. 28/2/2020, passed in C.C. No.24567/2019.

(2.) The petitioner had, along with her complaint, filed an application under Sec. 156(3) of the Code of the Criminal Procedure, 1973 (for short, "Cr.P.C.") seeking directions to the police for the registration of an FIR for the commission of offences under Ss. 379/420/406/465/ 467/468/471/506/120B IPC against the respondents No.2 and 3 herein.

(3.) Mr. Shiv Ram Singh, learned counsel for petitioner, submitted that the learned MM had fallen into error in dismissing the application under Sec. 156(3) Cr.P.C. on the ground that on an earlier occasion, a similar application had been dismissed. It was submitted by the learned counsel that the fact situation was different when the earlier application had been dismissed, as the petitioner was not in possession of any document to substantiate her allegations. That was also the reason why she had withdrawn her first complaint. It was submitted that in a civil suit filed by the respondent No.2, he had filed copies of certain documents on the basis of which, the respondent No.2 claimed that he had purchased a part of the property from the petitioner. It was submitted that admittedly, the full consideration has not been paid by the respondent No.3, despite having been put in possession and the petitioner was thus defrauded of her valuable property. Her original documents were also stolen by the respondent No.3 and his associates. Despite these important facts, the learned MM had declined to direct the registration of the FIR to initiate police investigations. It was submitted that the respondents were not co-operating with the inquiry that the police had sought to make from them, as was evident from the Status Reports that they had submitted to the learned Trial Court. Thus, on the basis of new facts, the complaint being maintainable, the application also ought to have been entertained by the learned MM and directions issued to the police for the registration of the FIR and conduct investigations.