Amit Nehra vs S.Singh & Ors.
2010 Latest Caselaw 5492 Del

$~37
            *       IN THE HIGH COURT OF DELHI AT NEW DELHI

+      CRL.M.C. 3738/2010

       AMIT NEHRA                                                   ..... Petitioner
                               Through: Petitioner-in-person

                      Versus

       S SINGH & ORS                                                 ..... Respondent

       CORAM:
       JUSTICE SHIV NARAYAN DHINGRA

                O R D E R (ORAL)

% 02.12.2010

This petition under Section 482 Cr.P.C. has been filed against the order dated

13th October, 2010 of MM dismissing the application of the petitioner filed under Section

156(3) Cr.P.C. for registration of FIR and order dated 12th November, 2010 passed by

the ASJ dismissing the revision filed against the order of MM. This Court had an

occasion to deal with a case with similar type of prayer in Crl.M.C.No. 842/2010 Kishan

Pal v. Dushyant Kumar Sharma & Ors. on 29th November, 2010 wherein it was observed

as under:

"The powers under Section 156(3) Cr.P.C. with the learned MM are discretionary in nature. It is for the MM to decide whether the case should be sent to police for registration of FIR and investigation or the complaint should be treated as a complaint under Section 200 Cr.P.C. before the Court and pre-summoning evidence should be recorded and thereafter summons should be sent to the accused, if a case if made out against the accused. It is not obligatory upon the learned MM to order registration of FIR every complaint made to it."

In view of above, this petition is not maintainable and is hereby dismissed.

SHIV NARAYAN DHINGRA,J

DECEMBER 02, 2010 vn