The court said that as the evidence in this case was in the possession of the concerned parties, no special probe was required to collect any evidence by lodging an FIR.
Referring to a Delhi High Court observation, Additional Sessions judge Lokesh Kumar Sharma said that in such cases, court should refrain itself from issuing frequent directions for registration of FIR in a mechanical manner.
"I have no hesitation in holding that law in this regard is well settled by the High Court of Delhi ... that when a cognisable offence is made out but parties are in power and possession of the entire evidence and no special investigation is required to be conducted to collect any evidence, then the Court should refrain itself from issuing frequent directions for registration of the FIR in a mechanical manner," the judge said.
The sessions court's order came on a petition filed by a man against a magisterial court order refusing to direct the lodging of an FIR against his wife for allegedly causing burn injuries to him after setting their room on fire.
The court, while upholding the magistrate's order, said the entire evidence was within the power and possession of the man.
In his plea, the man had said that the magisterial court had failed to consider that the police did not take any action on his complaint against his wife, despite a medical report supporting his claim.
He had claimed that he had a quarrel with his wife on November 3, 2011 at their residence after which she set the room on fire, adding that he suffered burn injuries while trying to extinguish the blaze.
His wife had denied the allegations and the assertions of the man, a resident of Railways Officers Enclave in south Delhi.
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