S.K. BHALLA Vs. STATE

JUDGEMENT

(1.) S.K. Bhalla, the Petitioner herein vide this petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure is seeking following prayer:

(2.) The facts leading to this petition are that the Petitioner is the owner of House No. XVI/70, Gali No. 2, Joshi Road, Karol Bagh. Respondent No. 2 in June, 2005, purchased a nearby property i.e. half of the house being House No. XVI/72, Gali No. 3, Joshi Road, Karol Bagh, New Delhi. In May 2006, Respondent No. 2 with the assistance of Respondents No. 3 & 4 demolished the existing structure at property No. XVI/72, Joshi Road, Karol Bagh and raised new construction. He opened two windows at the first floor of the construction. The windows overlooked the courtyard of the property of the Petitioner. Petitioner protested against opening of the windows and on his request, Respondent No. 2 converted one of those windows into a ventilator. The Petitioner was not satisfied and he insisted on closing of the window as well as the ventilator. When the Respondents refused to oblige, Petitioner filed a criminal complaint under Section 509/109 IPC.

(3.) Learned M.M., in exercise of his powers under Section 156(3) Code of Criminal Procedure directed the local police station to register and investigate the case. Accordingly, FIR No. 465/2006 was registered at Police Station D.B. Gupta Road. Pursuant to the investigation, charge sheet was filed against the Respondents No. 2 to 4. Learned M.M. directed the complaint filed by the Petitioner to be clubbed with the charge sheet and took cognizance of the offence.