NEERAJ SHARMA Vs. NCT OF DELHI

JUDGEMENT

(1.) THE short point involved in this case is as to "whether the order dated 27.04.2005 which has been passed by the learned District Judge on an application moved by Smt. Kamla Dhingra and Sh. Gaurav Chopra on 09.02.2008 instead of holding a preliminary inquiry and directing registration of FIR by the SHO Subzi Mandi instead of making an inquiry himself is justified and sustainable in law. "

(2.) BEFORE dealing with the facts of this case, it would be appropriate to take note of Section 340 of the Code of Criminal Procedure (Cr.P.C.) which reads as under:

(3.) THE provision contained under Section 340(1) does not athorize the concerned Court to refer the matter to the police or to direct registration of an FIR for the purpose of holding a preliminary inquiry as has been done in this case while passing the impugned order by the learned District Judge.