DEEPAK KHOSLA Vs. UNION OF INDIA & ORS

JUDGEMENT

(1.) The petitioner herein had filed a complaint dated 28.06.2008 with SHO, Police Station, Lodhi Colony against certain persons alleging that those persons had committed offences under Section 423 read with Section 120B, Section 409 read with Section 120B, Section 477A read with Section 109 Indian Penal Code (for brevity IPC ). FIR No.165/08 was registered and the Investigating Officer conducted detailed investigation. According to the I.O., no offence was made out against any of the persons and on that basis, he submitted cancellation report with the learned ACMM, Saket Courts, South District. The petitioner opposed this course of action chosen by the I.O. and pleaded before the learned ACMM that cancellation report be not accepted. After hearing the arguments, the ACMM passed orders dated 22.02.2011, inter alia, holding that the cancellation report filed by the I.O. was not acceptable as prima facie following offences were made out:

(2.) ACMM, therefore, took cognizance of the offence under Section 423, 409 and 477A IPC; offence under Section 423 read with Section 120B IPC; offence under Section 409 read with Section 120B IPC and offence of criminal conspiracy to fraudulently execute Sale deed dated 01.05.06 and criminal breach of trust by Agents/Directors of MRL i.e. under Section 120B IPC. Further, the ACMM has also directed summoning of accused persons under Section 204 Cr.P.C. as follows:

(3.) The petitioner is naturally happy with the aforesaid orders passed by the learned ACMM. At the same time, he fears that the aforesaid accused persons who are summoned by the ACMM may file petition under Section 482 of the Code of Criminal Procedure and or Article 227 of the Constitution of India and/or under Section 397 Cr.P.C. challenging the said orders. Apprehending that incase such a petition is filed by the aforesaid accused persons, they may seek and get an ex parte interim order, the petitioner wants to put them to caveat. For this reason he has lodged Caveat Petition under Section 148A read with Section 151 of the CPC in this Court with a prayer that such petition be not listed without five days advance notice to the petitioner and no ex parte order be passed without notice to him. The Registry has put objection to the maintainability of this Caveat application purportedly on the ground that the Caveat filed under the provisions of Code of Civil Procedure is not entertainable in criminal proceedings. Challenging this action of the Registry of this Court, the present petition is preferred by the petitioner with the following prayers: