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i-r 96# $~ HIGH COURT OF DELHI
CRL.M.C. 1602/2011
DELHI CEMETERIES COMMITTEE Petitioner
Through: Mr. Pratap Sahani, Advocate.
CRL.M.C. 1602/2011
DELHI CEMETERIES COMMITTEE Petitioner
Through: Mr. Pratap Sahani, Advocate.
VERSUS
BIRENDER SINGH Respondent
Through: None.
Through: None.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
18.05.2011 CrI.
M.A. NO. 5885/2011 (Exemption)
Allowed, subject to all just exceptions.
CrI. M.C. No. 1602/2011 The grievance of the Petitioner is that his application under Section
156 (3) Cr.P.C was dismissed and a revision filed against the same has also been dismissed. Learned counsel for the Petitioner states that the learned
Trial Court did not even grant him liberty to proceed under Section 200
Cr.P.C. as a complaint case. Copy of the complaint has not been filed. On a query put to the learned counsel whether a complaint under Section 200
Cr.P.C. along with 156 (3) Cr.P.C. or simplicitor an appHcation under
Section 156 (3) Cr.P.C. was filed before the learned Trial Court, learned
CRL.M.C. 1602/2011
2011:DHC:15457 counsel for the Petitioner states that only an application simplicitor under
Section 156 (3) Cr.P.C was filed.
Since no complaint under Section 200 Cr.P.C. was filed before the learned Metropolitan Magistrate, I find no error in the order passed by the learned Trial Court or the learned Revisional Court.
At this stage, learned counsel for the Petitioner states that he be granted leave to file a complaint under Section 200 Cr.P.C. and in case any offence is made out on examination of witnesses or otherwise, the Court may proceed thereon.
Liberty as prayed for is granted. It will be for the learned Trial Court to examine whether any offence is made out or not in case a complaint under
Section 200 Cr.P.C. is filed.
Petition is dismissed.
MUKTA GUPTA, J.
MAY 18, 2011 'vn'
18.05.2011 CrI.
M.A. NO. 5885/2011 (Exemption)
Allowed, subject to all just exceptions.
CrI. M.C. No. 1602/2011 The grievance of the Petitioner is that his application under Section
156 (3) Cr.P.C was dismissed and a revision filed against the same has also been dismissed. Learned counsel for the Petitioner states that the learned
Trial Court did not even grant him liberty to proceed under Section 200
Cr.P.C. as a complaint case. Copy of the complaint has not been filed. On a query put to the learned counsel whether a complaint under Section 200
Cr.P.C. along with 156 (3) Cr.P.C. or simplicitor an appHcation under
Section 156 (3) Cr.P.C. was filed before the learned Trial Court, learned
CRL.M.C. 1602/2011
2011:DHC:15457 counsel for the Petitioner states that only an application simplicitor under
Section 156 (3) Cr.P.C was filed.
Since no complaint under Section 200 Cr.P.C. was filed before the learned Metropolitan Magistrate, I find no error in the order passed by the learned Trial Court or the learned Revisional Court.
At this stage, learned counsel for the Petitioner states that he be granted leave to file a complaint under Section 200 Cr.P.C. and in case any offence is made out on examination of witnesses or otherwise, the Court may proceed thereon.
Liberty as prayed for is granted. It will be for the learned Trial Court to examine whether any offence is made out or not in case a complaint under
Section 200 Cr.P.C. is filed.
Petition is dismissed.
MUKTA GUPTA, J.
MAY 18, 2011 'vn'
CRL.M. C. 1602/2011 Page 2 of2
2011:DHC:15457
2011:DHC:15457
JUDGMENT