Full Text
Translation output
HIGH COURT OF DELHI
CRL.M.C. 3738/2010
AMIT NEHRA ..... Petitioner
Through: Petitioner-in-person
CRL.M.C. 3738/2010
AMIT NEHRA ..... Petitioner
Through: Petitioner-in-person
VERSUS
S SINGH & ORS ..... Respondent
CORAM:
JUSTICE SHIV NARAYAN DHINGRA O R D E R (ORAL)
02.12.2010 This petition under Section 482 Cr.P.C. has been filed against the order dated
13th October, 2010 of MM dismissing the application of the petitioner filed under Section
156(3) Cr.P.C. for registration of FIR and order dated 12th November, 2010 passed by the ASJ dismissing the revision filed against the order of MM. This Court had an occasion to deal with a case with similar type of prayer in Crl.M.C.No. 842/2010 Kishan
Pal v. Dushyant Kumar Sharma & Ors. on 29th November, 2010 wherein it was observed as under:
“The powers under Section 156(3) Cr.P.C. with the learned MM are discretionary in nature. It is for the MM to decide whether the case should be sent to police for registration of FIR and investigation or the complaint should be treated as a complaint under Section 200 Cr.P.C. before the Court and pre-summoning evidence should be recorded and thereafter summons should be sent to the accused, if a case if made out against the accused. It is not obligatory upon the learned MM to order registration of FIR every complaint made to it.”
In view of above, this petition is not maintainable and is hereby dismissed.
SHIV NARAYAN DHINGRA,J DECEMBER 02, 2010 vn 2010:DHC:5844
02.12.2010 This petition under Section 482 Cr.P.C. has been filed against the order dated
13th October, 2010 of MM dismissing the application of the petitioner filed under Section
156(3) Cr.P.C. for registration of FIR and order dated 12th November, 2010 passed by the ASJ dismissing the revision filed against the order of MM. This Court had an occasion to deal with a case with similar type of prayer in Crl.M.C.No. 842/2010 Kishan
Pal v. Dushyant Kumar Sharma & Ors. on 29th November, 2010 wherein it was observed as under:
“The powers under Section 156(3) Cr.P.C. with the learned MM are discretionary in nature. It is for the MM to decide whether the case should be sent to police for registration of FIR and investigation or the complaint should be treated as a complaint under Section 200 Cr.P.C. before the Court and pre-summoning evidence should be recorded and thereafter summons should be sent to the accused, if a case if made out against the accused. It is not obligatory upon the learned MM to order registration of FIR every complaint made to it.”
In view of above, this petition is not maintainable and is hereby dismissed.
SHIV NARAYAN DHINGRA,J DECEMBER 02, 2010 vn 2010:DHC:5844
JUDGMENT