The Magistrate's power under Section 156(3) CrPC should be exercised judiciously, and the possession of evidence by the complainant may obviate the need for police investigation.

Pratibha Rani, J.:--

1. The Petitioner is invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to direct the Respondent No. 1 to register First Information Report against Respondent No. 2, who is her brother-in-law (jeth), on the basis of her complaint dated 04.02.2014 and investigate the matter as per the law.

2. A perusal of the complaint dated 04.02.2014 filed by the present Petitioner shows that she was residing at House No. F-114, Lado Sarai, New Delhi which belonged to her father-in-law Bhagwan Singh. Her father-in-law was under heavy debt, which was taken by him for construction of the house and marriages of his children, and due to this reason, he remained disturbed and wanted to sell his property. Sh. Bhagwan Singh apprised everyone about his desire to sell his property. It is mentioned in the complaint that she purchased ground and first floor of the said house out of her own resources by paying the agreed amount to her father-in-law partly in cash and remaining by cheque. The remaining floors of the said property were sold to one Pradeep Khatri, resident of Narela. Out of the sale consideration, her father-in-law paid some amount to Respondent No. 2 and remaining amount was used to repay the loan.

3. Since the Petitioner had purchased the ground and first floor of the said property from her father-in-law after paying sale consideration, the Respondent No. 2 was not happy and was nursing grudge against the Petitioner, her husband and father-in-law. Respondent No. 2 threatened her father-in-law either to pay him more money or he will implicate them in a false case. Respondent No. 2 also trespassed on half portion of the floor purchased by Pradeep Khatri for which Pradeep Khatri had instituted a case against Respondent No. 2.

4. It is further mentioned in the complaint that on 03.12.2013 at about 10.00 pm, Respondent No. 2, who is in Delhi Police, and his wife returned home and pressed the door bell. When her father-in-law opened the door, Respondent No. 2 started abusing him and manhandled him. On hearing the noise, when she came down stairs and tried to pacify Respondent No. 2, he abused her, pressed her breast and slapped on her back. When she tried to save herself, Respondent No. 2 also fractured her finger. On hearing her screams, her husband came down stairs and saved her from Respondent No. 2. Thereafter PCR was informed. Police came at the spot. As she was in extreme pain due to fracture in finger, her husband took her to Trauma Centre. Next day, when the Petitioner and her husband went to the Police Station and asked the police to register the complaint, the police refused to register the complaint as Respondent No. 2 was employed in Delhi Police.

5. Thereafter the Petitioner filed a complaint under Section 200 CrPC before the learned MM. Alongwith the complaint, an application under Section 156(3) CrPC was also filed with the prayer that SHO, PS Saket may be directed to register an FIR and investigate the matter as per the provisions of law.

6. The learned MM, vide order dated 29.03.2014, while declining the prayer of the Petitioner to get the matter investigated through police by giving directions under Section 156(3) CrPC, came to the conclusion :

“14. In the facts of the present case, material averments/allegation against accused for constituting offences alleged in the complaint are within the personal knowledge of complainant and documents, viz. MLC can be summoned in court. The evidence regarding alleged offences being available with the complainant which can be produced during her examination u/s 200 Cr.P.C., there is no requirement of any field investigation or custodial interrogation to be conducted by police.

15. Application U/s 156(3) Cr.P.C. filed by complainant for registration of FIR is hence dismissed as no investigation by police is required in this case.’

7. The legal position on the subject as to under what circumstances, the Magistrate c