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CT Cases 1215/2021

ARTI Vs. NARESH VERMA AND ORS.


03.03.2022
Present: Complainant with Ld. Counsel Mr. Narender Malawalia.

Matter is fixed for clarifications, if any / orders.


No clarification is required.
Put up for orders during the course of the day.

(CHARU GUPTA)
CHIEF METROPOLITAN MAGISTRATE
SOUTH DISTRICT/SAKET COURTS
03.03.2022
At 04:30 PM

Present : None.

ORDER ON APPLICATION U/S 156(3) CR.P.C

This is a complaint under Section 200 Cr.P.C. accompanied with


an application under Section 156(3) Cr.P.C. The brief facts of the case giving
rise to the present application and complaint are that on 15.06.2021 at about
11:00 PM, mother of the complainant (accused no.2) along with one Naresh
Verma (accused no.1) came to the matrimonial house of complainant. At that
time, both accused no.1 and husband of the complainant (accused no.3) were
intoxicated. It is alleged that after entering the house, accused no.2 caught
complainant by her hair while accused no.1 caught breast of the complainant
and molested her. Complainant has alleged that in the incident accused no.3
assaulted her with kicks and abused her. There are allegations that
complainant was threatened to be killed and wrongfully confined in her
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room. It is stated that since the police failed to take action despite
complaints, this Court may direct registration of FIR.
On the complaint, ATR was called as per which upon a
preliminary inquiry conducted by the investigating officer, it has been
revealed that incident dated 15.06.2021 took place at her matrimonial home
situated in Gurugram, Haryana. It is also revealed that the incident dated
15.06.2021 was never reported before the concerned Police Station but
reported at PS Ambedkar Nagar after lapse of one month i.e. on 16.07.2021
when the complainant visited her parental house.
I have also perused the statement of the complainant given to
the IO during inquiry.
From the ATR it is clear that the incident has taken place at
Gurguram, Haryana which is beyond the jurisdiction of this Court. Hence,
the present complaint and application is directed to be returned to the
complainant to be filed before appropriate forum having territorial
jurisdiction over the matter.
The application is accordingly disposed off for lack of
jurisdiction.
File be consigned to Record Room, after due compliances.

(CHARU GUPTA)
CHIEF METROPOLITAN MAGISTRATE
SOUTH DISTRICT/SAKET COURTS
03.03.2022

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