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Ashish Madaan vs State & Ors on 12 March, 2019

* IN THE HIGH COURT OF DELHI AT NEW 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

Versus

STATE ORS …..Respondents

Through: Mr. M.P. Singh, Additional Public
Prosecutor for State

CORAM:
HON’BLE MR. JUSTICE SUNIL GAUR

ORDER

(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.

CRL.M.C. 1333/2019 Page 1 of 2

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

CRL.M.C. 1333/2019 Page 2 of 2

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