INDERPAL SINGH Vs. STATE

JUDGEMENT

(1.) THE petitioner filed this petition under Section 482 CrPC seeking assailing the order dated 15.12.2008 of the SDM, Karol Bagh, New Delhi under Section 145 CrPC.

(2.) THE facts necessitating the disposal of the present petition are that a Kallandra under Section 145 CrPC was presented by the SHO, DBG Road to SDM on 23.5.2000 alleging the apprehension of breach of peace in respect of property bearing No. F-22, DBG Market, Karol Bagh regarding which both, the petitioner as well as the respondent No. 2 Sanjeev Hans were claiming to be in possession based on certain documents. Both the parties were leveling allegations against each other. THE respondent No. 2 Sanjeev Hans assailed the said Kallandra by filing Crl.M.(M). 2490/2000 in this court, wherein the following order came to be passed:

(3.) ON the other hand, the set of documents which were filed by the petitioner herein comprised of Agreement to Sell, Indemnity Bond, Undertaking, GPA, SPA dated 10.1.1997. The SDM observed that both the parties have paid certain amount of money at different periods of time for buying the property in question from Mr.Dutta. He noticed that however, from the documents which were filed by the petitioner herein, actual physical possession of two rooms of the First Floor were given by Mr. Dutta to the petitioner's father. It was also the case of the petitioner that the respondent Sanjeev Hans has dispossessed them in the year 2000 i.e. sometimes before the filing of Kallandra. ON account of all this uncertainty, the SDM ordered the property to remain sealed till the competent court decides the rights of the parties.