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CRL.M.C. 1333/2019
HIGH COURT OF DELHI
Date of Order: March 12, 2019
HIGH COURT OF DELHI
Date of Order: March 12, 2019
CRL.M.C. 1333/2019 and CRL.M.As. 5301-5302/2019
ASHISH MADAAN ..... Petitioner
Through: Mr. Chirag Khurana and Mr. Nitin Arora, Advocates
ASHISH MADAAN ..... Petitioner
Through: Mr. Chirag Khurana and Mr. Nitin Arora, Advocates
VERSUS
STATE & ORS .....Respondents
Through: Mr. M.P. Singh, Additional Public Prosecutor for State
Through: Mr. M.P. Singh, Additional Public Prosecutor for State
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Petitioner is accused in FIR case for the offences under Sections
406/498A/34 of IPC, and a complaint for the offence under Section 406 read with Section 120-B of IPC alongwith application under Section
156(3) of Cr.P.C. was filed by petitioner against his estranged wife, mother-in-law etc.
Trial Court vide order of 3rd October, 2018 has dismissed petitioner’s application under Section 156(3) of Cr.P.C. and has directed petitioner/complainant to lead pre-summoning evidence. Revisional
Court vide impugned order of 28th January, 2019 has upheld trial court’s order but has observed that when no offence is disclosed, taking of cognizance is not justified and complaint case was liable to be dismissed.
2019:DHC:1505
Petitioner is accused in FIR case for the offences under Sections
406/498A/34 of IPC, and a complaint for the offence under Section 406 read with Section 120-B of IPC alongwith application under Section
156(3) of Cr.P.C. was filed by petitioner against his estranged wife, mother-in-law etc.
Trial Court vide order of 3rd October, 2018 has dismissed petitioner’s application under Section 156(3) of Cr.P.C. and has directed petitioner/complainant to lead pre-summoning evidence. Revisional
Court vide impugned order of 28th January, 2019 has upheld trial court’s order but has observed that when no offence is disclosed, taking of cognizance is not justified and complaint case was liable to be dismissed.
2019:DHC:1505
CRL.M.C. 1333/2019
Learned counsel for petitioner submits that registration of FIR is necessary to trace out one Ali and to corroborate the CDR details to establish the offence under Section 120-B of IPC. It is submitted that petitioner’s application under Section 156(3) of Cr.P.C. and Criminal
Revision Petition have been dismissed without putting opposite side to notice.
Upon hearing and on perusal of impugned order and the material on record, I find no justification to interfere with the concurrent findings returned by the courts below so far as dismissal of application under
Section 156 (3) of Cr.P.C. is concerned. However, the Revisional Court was not justified in observing that no offence is made out. In the facts and circumstances of this case, impugned order of 28th January, 2019 is modified to the aforesaid extent while upholding dismissal of petitioner’s application under Section 156(3) of Cr.P.C. Consequently, trial court shall proceed with pre-summoning evidence and proceed with petitioner’s complaint in accordance with the law.
With aforesaid directions, this petition and applications are disposed of, while not commenting upon merits.
(SUNIL GAUR)
JUDGE
MARCH 12, 2019 p’ma
2019:DHC:1505
Learned counsel for petitioner submits that registration of FIR is necessary to trace out one Ali and to corroborate the CDR details to establish the offence under Section 120-B of IPC. It is submitted that petitioner’s application under Section 156(3) of Cr.P.C. and Criminal
Revision Petition have been dismissed without putting opposite side to notice.
Upon hearing and on perusal of impugned order and the material on record, I find no justification to interfere with the concurrent findings returned by the courts below so far as dismissal of application under
Section 156 (3) of Cr.P.C. is concerned. However, the Revisional Court was not justified in observing that no offence is made out. In the facts and circumstances of this case, impugned order of 28th January, 2019 is modified to the aforesaid extent while upholding dismissal of petitioner’s application under Section 156(3) of Cr.P.C. Consequently, trial court shall proceed with pre-summoning evidence and proceed with petitioner’s complaint in accordance with the law.
With aforesaid directions, this petition and applications are disposed of, while not commenting upon merits.
(SUNIL GAUR)
JUDGE
MARCH 12, 2019 p’ma
2019:DHC:1505
JUDGMENT