SHAKUNTALA NEGI Vs. STATE

JUDGEMENT

(1.) This revision petition is directed against the order of the Sub-divisional Magistrate, Delhi (Shri Ramesh Chander) dated 24th October 1969, where by he took cognizance of the dispute between the petitioner and Smt. Chander K.anta Randev regarding a portion of property bearing No. J. 12/32, Rajouri Garden, New Delhi, initiated under section 145 Criminal Procedure Code . by the Punjabi Bagh Police.

(2.) The petitioner (Shrimati Shakuntala Negi) is the owner of Bungalow No. J.I 2/32 who let out the front portion to Shrimati Chander Kanta for running a school called the Angels School. Since some disputes arose between the parties the tenant filed a suit against the owner for a mandatory injunction which was dismissed by the trial court on 19th February 1969 but, decreed in appeal, on 16th September 1969.

(3.) On 24th October 1969 Shri Jagdish Pershad, husband of Shrimati Chanderkanta complained at the Punjabi Bagh Police Station that on the preceding night the landlady had, along with some persons criminally trespassed into the said portion in his wife's possession by breaking open the locks and after administering narcotic drugs to the school peon, his wife, etc. who were sleeping inside the premises and also removed some articles., etc. Shrimati Chander Kanta had been admitted as an in patient into a hospital even on 23rd October 1969. The police reported to the S. D. M. recommending action under section 145 Criminal Procedure Code . and also laid a challan under sections 448 and 341 of the Indian Penal Code. The S. D. M. passed a preliminary order under section 145 Criminal Procedure Code . and also ordered attachment; the details of how the attachment was effected may not detain us.