Court directs SHO to lodge FIR in cheating case
26 Sept 2014 4:25 AM IST
A Delhi court has directed a Station House Officer (SHO) to lodge an FIR and investigate any tampering of documents in a case of alleged forgery and cheating related to sale of land.
‘The facts of the complaint show the commission of cognisable offences which require a thorough investigation by the police,’ additional sessions judge Amit Bansal said, while setting aside a magisterial court’s order which had dismissed the complaint seeking registration of FIR against the accused. ‘It seems that the trial court committed a grave error as the assistance of the police or the police investigation seems to be required for unearthing the entire facts of the case, the role of the accused and as to how and when the alleged forged documents were prepared or fabricated,’ the court said.
The court, while directing the SHO of Vijay Vihar police station to lodge an FIR, held that facts prima facie disclose the commission of cheating and forgery of documents and other offences by the accused. It allowed the revision plea saying, ‘It seems that the trial court did not appreciate the facts of the case properly and committed an error of law by not directing the police to register the FIR in this case.’ The judge further said that police investigation is required for collection of evidence which is neither in the possession of the complainant nor can be produced by the witnesses.
‘The facts of the complaint show the commission of cognisable offences which require a thorough investigation by the police,’ additional sessions judge Amit Bansal said, while setting aside a magisterial court’s order which had dismissed the complaint seeking registration of FIR against the accused. ‘It seems that the trial court committed a grave error as the assistance of the police or the police investigation seems to be required for unearthing the entire facts of the case, the role of the accused and as to how and when the alleged forged documents were prepared or fabricated,’ the court said.
The court, while directing the SHO of Vijay Vihar police station to lodge an FIR, held that facts prima facie disclose the commission of cheating and forgery of documents and other offences by the accused. It allowed the revision plea saying, ‘It seems that the trial court did not appreciate the facts of the case properly and committed an error of law by not directing the police to register the FIR in this case.’ The judge further said that police investigation is required for collection of evidence which is neither in the possession of the complainant nor can be produced by the witnesses.
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