NIRMAL SINS Vs. HARINDER SINGH GROVER

JUDGEMENT

(1.) The present petition has been filed under Section 482, Cr.P.C. and Article 227 of the Constitution of India to seek the quashing of the notice No. SDM/HK/2296 dated 7.12.2005 issued by the SDM, Hauz Khas, New Delhi under Section 145(1), Cr.P.C., requiring the petitioner to appear before him on 3.1.2006, and the subsequent proceedings in Complaint Case No. 73/SDM/ HK/2005 filed by Shri Harinder Singh Grover-respondent No. 1. The petitioner has sought the aforesaid relief on various grounds, including the grounds that the petitioner was in possession of the property in question; the fact that possession was that of the petitioner was the position admitted by the respondent No. 1 in other proceedings, and that the disputes in relation to the property in question viz, a farm house in village Satbari, Mehrauli, New Delhi was pending before a Civil Court, which had already passed interim orders in relation to the said property.

(2.) However, I do not consider it necessary to go into the factual controversies and submissions based on disputed questions of fact, as, in my view, the present petition can be disposed of on a very short preliminary point of law.

(3.) The impugned notice dated 7.12.2005 issued to the petitioner and three other persons, reads as follows :