Decided on May 11,2007

ASHOK GOEL Appellant
GOVT OF NCT Respondents


S.Ravindra Bhat, J. - (1.) The present petitioner impugns an order by the learned Metropolitan Magistrate dated 25.10.2004 whereby he issued process and summoned the petitioner upon a complaint by the respondent/complainant.
(2.) Mr. Sharma, learned counsel appearing on behalf of the petitioners, urge that the complaint was motivated with mallice and that the incident alleged in it never occurred. He relied upon the copies of documents and urged that in fact the petitioner was the victim of assault on the concerned date which had led to filing of initiation of proceedings under Section 107/150 Cr. P.C. He relied upon the report of the Additional DCP, on the previous complaint by the respondent/complainant, even when the proceedings were started under Section 107.
(3.) Learned counsel placed reliance upon the relevant part of that report of enquiry which reads as follows :- "In this regard, an enquiry was conducted by ACP/P.G. Cell, which revealed that on 11.5.2003, at about 10 PM, the complainant Sh. Sunil Kumar Sharma @ S.K.Sharma and his associate were taking dinner in the hotel of Titu in the area of P.S. Nand Nagri. In the meantime, Satya Prakash, Mehboob and Virender (alleged persons) came to the hotel for dinner. The complainant Shri Sunil Kumar Sharma started beating Satya Prakash over the issue of commission. When his other associates intervened into the matter, the complainant Sunil Kumar Sharma fled away from the spot. On this, Shri Satya Prakash alongwith Ashok Kumar (alleged persons) went to P.S. Nand Nagri and lodged a complaint. On receipt of D.D.entry, SI Shiv Nath of P.S. Nand Nagri got conducted the formal medical examination of Satya Prakash in GTB hospital and on his MLC the doctor opined the result of injury as `no mark of fresh injury'. I.O. also visited the house of the complainant but he could not be traced. Hence, no action was taken on the complaint of alleged person Satya Prakash as no cognizable offence was made out. During enquiry it has been found that no such incident of beating to the complainant and snatching of his money and other thing took place with the complainant as alleged in the complaint. During enquiry it was also found that both the parties were residing in the area of P.S. Welcome and also apprehended danger from each other. Hence, SHO/Welcome has already been directed to initiate preventive action against them to maintain peace. No other police action is called for. The allegations levelled in the complaint could not be substantiated during the course of enquiry.";

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