In case a complainant feels aggrieved when the police turn him away without registering FIR against those who subjected him to a cognizable offence, he has the right to approach a Magistrate under Section 156(3) of CrPC, to get an order for registration of his FIR and investigation by police.
The court also said that the copy of the order be sent to SHO of Tuglak Road police station for its compliance.
The court listed the matter for April 17, while directing police to file "compliance report".
"I have considered the submissions made by the counsel for the complainants (Sharma) and perused the record. From the perusal of the complaint, prima facie commission of cognizable offence is made out...
"Considering these facts and the aforesaid judgement of the Supreme Court, the SHO, PS Tuglak Road is directed to register an FIR and investigate the matter, as per law. It is made clear that the order for directing registration of FIR does not imply that the police will immediately arrest the alleged accused persons," the court had said in its 2-page order.
It had further said that "the police will investigate the matter to ascertain whether there is actual commission of any offence or not and will arrest the accused only if the circumstances so warrant".
