LAWS(DLH)-2011-2-522

SADHU SINGH Vs. STATE AND ORS.

Decided On February 22, 2011
SADHU SINGH Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) THE present petition is filed by the Petitioner under Article 226 of the Constitution of India read with Section 482 Code of Criminal Procedure praying inter alia for directions to Respondents No. 4 and 5 to provide protection to the Petitioner by filing FIR against Respondents No. 2 and 3 and further restraining them from entering the property of the Petitioner and harassing him. Respondent No. 2 is the elder son of the Petitioner.

(2.) STATUS report is handed over by the learned ASC for State. In para 1 of the status report, it is mentioned that on 15.1.11, a DD No. 17A was received at PS Kirti Nagar, Delhi, that a quarrel took place at the premises of the Petitioner. Upon inquiry, it was revealed that there was an ongoing dispute between the family members of the Petitioner regarding some construction on the first floor of the premises bearing No. FA -291A, M.S. Garden, Kirti Nagar, Delhi, in respect of which a Local Commissioner was appointed by the civil court in a suit for injunction instituted by the younger son of the Petitioner against Respondents No. 2 & 3. It is stated that as there was an apprehension of breach of peace, proceedings under Sections 107/150 Code of Criminal Procedure were initiated against both the parties and the said proceedings are still going on before the Executive Magistrate, West District.

(3.) COUNSEL for the Petitioner states that the Local Commissioner appointed in the suit for injunction has submitted a report dated 24.11.2011, wherein it is recorded that on the date of inspection, possession of the first floor of the premises was with the plaintiff therein, i.e., Mr. Harjeet Singh, younger son of the Petitioner. She hands over a copy of the said report.