A Delhi court has refused to order lodging of an FIR in a property dispute matter, saying its “discretion powers cannot be exercised in a mechanical manner” and “magisterial court is not bound to direct investigation”.
Additional Sessions Judge (ASJ) Manoj Jain dismissed a revision petition of Noida resident Vineet Dargar filed against a magisterial court order in which it had refused to direct police to lodge FIR.
Vineet had sought registration of FIR against his brother Ajay Dargar, sister in-law Neeta Dargar and nephew Ajay Dargar alleging that they trespassed into the property, located at a posh area in Saket here, which was in his possession.
“It essentially seems to be a family dispute related to property and complainant seems in the best position to assert and substantiate that he was in the possession of the disputed property and that he was illegally dispossessed,” the ASJ said.
Noting that police assistance is normally granted when it is found that complainant cannot collect the evidence or when the identity of the offenders is not known, the court said, that a magisterial court “can exercise its discretion powers in a judicious manner and not in a mechanical manner”.
“The police is normally directed to register FIR only when it is found that it may not be possible for complainant to collect and produce the evidence before the court,” it said.
“Complainant cannot, as a matter of right, claim that since he has been able to disclose commission of cognizable offence, court has no option but to ask police to register FIR,” it observed.
The judge said even if allegations made in the complaint disclose commission of cognizable offence, in such cases also, “magisterial court is not bound to direct investigation”.
According to complaint filed by Vineet, he claimed that he was in the possession of the property in Saket since 1996 and his brother and other accused had broken the lock of the house and changed the name plates.
He alleged that they trespassed into the property which was in his possession. He moved the magisterial court seeking FIR against the accused claiming that police had not taken any action on his complaint.