GANESH KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) BEING aggrieved by the impugned show cause notice dated 11.07.2009 issued by the Special Executive Magistrate, East District, Delhi, the petitioner Ganesh Kumar Sharma has filed the instant petition under Section 482 Cr.P.C. seeking quashing of the proceedings under Section 107/150 Cr.P.C. initiated against him and pending in the court of Special Executive Magistrate, East District as case No.117/2009. The petitioner has also prayed for direction to the SHO P.S. Krishna Nagar to register an FIR against respondent No.2 and his son on the basis of his complaint dated 26.03.2009.

(2.) THE petitioner and respondent No.2 are at dispute in respect of a shop forming part of House No.2, Satnam Park, Chander Nagar, Krishna Nagar let out by the petitioner to respondent No.2. An eviction petition in respect of the said shop was filed by the petitioner which was allowed on the ground of bona fide requirement and revision petition against the said eviction order has also been dismissed by the High Court. Learned counsel for respondent No.2 submits that respondent No.2 is planning to challenge the order passed by the High Court in revision petition.

(3.) IN the instant case, the foundation of impugned notice is the following statement made by respondent No.2 Mohd. Shabir before Head Constable Kailash: