KANWAR BHAN Vs. STATE & ORS.

JUDGEMENT

(1.) By this petition filed under Sec. 482 of Cr. P.C. the petitioner is seeking quashing of order dated 07.05.2016 passed by the learned Additional Sessions Judge vide which the Criminal Revision No.09 of 2016 preferred by the petitioner was dismissed. The said revision petition was filed by the petitioner for setting aside the order dated 05.02.2016 passed by the learned Metropolitan Magistrate whereby the learned Metropolitan Magistrate had rejected the application under Sec. 156(3) of Cr. P.C. and declined to take cognizance of the offence of forgery against the respondent Nos. 2 to 5 herein.

(2.) The gist of the facts of the present case are that on 08.12.2014 the petitioner had lodged an FIR No.532/2014 under Sec. 148/149/323/324/452 of Penal Code in Police Station Sonepat City (HR) against respondent No.2 to 5 and on the next day i.e. 09.12.2014 a complaint under Sec. 498-A of Penal Code was filed against the family of the petitioner. On 26.12.2014, another complaint before CAW Cell, Sector 3, Rohini was filed on behalf of the respondent Nos.2 to 5. Besides that, on 12.01.2015 respondent No. 2 had filed a case of maintenance in the Family Court of Rohini, wherein notice has been issued and duly received by the petitioner herein. It is found that the complaint dated 09.12.2014 annexed with the notice was having alteration with the word 'Unhi as Humhi and the same instigated the petitioner to file an application under Sec. 156(3) of Cr. P.C. before the learned Metropolitan Magistrate for taking cognizance of the offence punishable under Sec. 465/467/471/120-B/34 of IPC.

(3.) Learned Metropolitan Magistrate vide order dated 05.02.2016 dismissed the application and declined to take cognizance on the complaint. Being aggrieved from the aforesaid order, the petitioner preferred a revision petition before the court of learned Additional Sessions Judge, Rohini, Delhi, which was also dismissed vide order dated 07.05.2016 and that's why the petitioner has preferred the present petition invoking inherent discretion of this court under Sec. 482 of Cr. P.C.