New Delhi: A court`s power to order lodging
of a criminal case should not be allowed to be misused by
litigants to settle their personal scores, said a Delhi court,
while dismissing a plea to order police to register an FIR
against a property dealer for allegedly grabbing a man`s flat.
While refusing to order registration of the case against
the property dealer on a plea by a former Canara Bank Manager
Kalicharan, Metropolitan Magistrate Navita Kumari Bagha asked
him to lead his own evidence instead in the case before her.
Kalicharan, who retired from Canara Bank in 2004, had
sought registration of a case against property dealer Suresh
Goyal, accusing him of grabbing his flat on basis of forged
The bank official had moved the court under Section 156
(3) of Criminal Procedure Code, which empowers a judicial
magistrate to order investigation into a case.
"The parties should not be permitted to use provisions of
Section 156(3) CrPC as per their own convenience, their
personal vendetta or for settling personal scores," the court
MM Bagha turned down the plea for direction to police to
lodge the FIR, saying it would serve no purpose as no
custodial interrogation is required.
"It is not a case where the police assistant is required
for breaking the case or for discovering some evidence which
the complainant himself is unable to collect at his own," the
The court noted that the two parties were already engaged
in litigations in the Delhi High Court and said it was not a
fit case to direct the police to register FIR.