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DINESH KUMAR SHARMA
Neelam Phaugat – Appellant
Versus
State Govt. of NCT Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.C. 1052/2022
1. The present petition has been filed under section 482 of Cr. P.C. for setting aside the impugned order dated 06.02.2021 passed by the learned Session Court in Crl. Rev. No. 202/2019, titled "Dilbir Singh Sahrawat & Anr. v. Neelam Phaugat & Anr." wherein the Ld. ASJ remanded the matter back to the learned MM for a fresh hearing. The above said Crl. Rev. petition was filed against the order dated 18.09.2019, wherein the Ld. MM passed an order under Section 156(3) Cr.P.C. and directed SHO, PS Kanjhawala to register the FIR against the accused person in the relevant provisions of law.
2. Briefly stated, the facts as recorded by the Ld. Trial court are that Dalbir Singh Sehrawat was given in adoption by Balbir Singh Sehrawat and Saroj Bala to Jagbir Singh Sehrawat and an adoption deed was executed on 27.02.1982 regarding the same. Jagbir Singh Sehrawat was a Canadian citizen. After adoption Dalbir went to Canada to live with his adoptive parents and in year 1986 he became a Canadian citizen. Dalbir came back to India in 1986 and later pursued LL.B from Delhi University. Thereafter, Dalbir started procuring and acquiring docum
The main legal point established in the judgment is the need for sparing and cautious exercise of powers under Section 482 Cr.P.C., the maintainability of revision petitions against orders under Sect....
A Magistrate has the discretion to either register a case under Section 156(3) or treat it as a complaint; there is no obligation to register every application as an F.I.R.
Proposed accused must be heard in revision against Magistrate's rejection of Section 156(3) CrPC application; no prejudicial order without opportunity under Section 401(2), applicable to Sessions Jud....
The main legal point established in the judgment is the mandatory compliance of section 202(1) Cr.P.C. and the necessity for the learned magistrate to follow the settled legal principles on the subje....
Point of Law : Magistrate while exercising powers under Section 156(3) of the Cr.P.C. cannot act as a post office as the Magistrate has to apply his mind with regard to the fact as to whether the cas....
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