Application U/s 190 R/W 200 CR.P.C
Application U/s 190 R/W 200 CR.P.C
Application U/s 190 R/W 200 CR.P.C
Misc. application___/2018
State …Complainant
Versus
Unknown …Respondents
11. That the investigation must be fair and effective and must
proceed in the right direction in consonance with the
ingredients of the offence. Proper and fair investigation on the
part of Investigating Officer is the back bone of rule of law. The
investigation cannot be haphazard or unmethodical.
12. That the Hon’ble Supreme Court in Hari Singh Versus State
Of UP, Writ Petition (Criminal) No. 140 of 2006. D/d.
16.6.2006 Hon’ble Supreme Court of India held that-
“ Para 4- When the information is laid with the police, but
no action in that behalf is taken, the complainant can
under Section 190 read with Section 200 of the Code lay
the complaint before the Magistrate having jurisdiction to
take cognizance of the offence and the Magistrate is
required to enquire into the complaint as provided in
Chapter XV of the Code. In case the Magistrate after
recording evidence finds a prima facie case, instead of
issuing process to the accused, he is empowered to direct
the police concerned to investigate into offence under
Chapter XII of the Code and to submit a report. If he finds
that the complaint does not disclose any offence to take
further action, he is empowered to dismiss the complaint
under Section 203 of the Code. In case he finds that the
complaint/evidence recorded prima facie discloses an
offence, he is empowered to take cognizance of the offence
and would issue process to the accused. These aspects
have been highlighted by this Court in All India Institute
of Medical Sciences Employees' Union (Reg) through
its President v. Union of India and Others, 1997(4)
RCR(Crl.) 594 : [(1996)11 SCC 582]. It was specifically
observed that a writ petition in such cases is not to be
entertained. 5. The above position was again highlighted
recently in Gangadhar Janardan Mhatre v. State of
Maharashtra, 2004(4) RCR(Crl.) 682 : 2004(3) Apex
Criminal 648 : [(2004)7 SCC 768] and in Minu Kumari
and Another v. State of Bihar and Others, 2006(3)
RCR(Criminal) 271 (SC) : [(2006)4 SCC 359].”
14. That the petitioner has not filed any similar application in any
court of law except the present application.
PRAYER
Through
Date
Delhi
IN THE HON’BLE COURT METROPOLITAN MAGISTRATE,
KARKARDOOMA COURTS DELHI
Misc. application___/2018
State …Complainant
Versus
Unknown …Respondents
AFFIDAVIT
I, Praveen Kumar Arora S/o Late Sh. Harbans Lal Arora R/o House
No.B-10 East Krishna Nagar, Delhi-110051 aged about ____ Years, do
hereby solemnly affirm and declare as under:-
DEPONENT
VERIFICATION
DEPONENT
IN THE HON’BLE COURT METROPOLITAN MAGISTRATE,
KARKARDOOMA COURTS DELHI
Misc. application___/2018
State …Complainant
Versus
Unknown …Respondents
MEMO OF PARTIES
Versus
Unknown …Respondents
Complainant
Through
Date
Delhi
IN THE HON’BLE COURT METROPOLITAN MAGISTRATE,
KARKARDOOMA COURTS DELHI
Misc. application___/2018
State …Complainant
Versus
Unknown …Respondents
INDEX
S.NO Description Page No.
1. Memo of Parties
2. Application Under Section 190 R/W
200 Of The Code Of Criminal
Procedure, 1973
3. ANNEXURE-A, Copy of the FIR No.
ED-FB-000347 dt 15.09.2017.
4. ANNEXURE-B, Copy of receiving/
acknowledgment of cheque.
Date Complainant
Delhi Through
Counsel