T. HARISH KUMAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By way of the present petition filed under Sec. 482 Cr.P.C., the petitioner has sought quashing of FIR No.349/2018 registered under Sec. 188 IPC at Police Station Vivek Vihar, Delhi arising out of Complaint Case No.1256/2019, and consequential proceedings including the charge sheet and the order dtd. 20/3/2019 passed by the learned CMM, Shahdara District, Karkardooma Courts, Delhi, vide which cognizance of the offence was taken.

(2.) Brief facts, as mentioned in the petition, are:-

(3.) Mr. Kailash Vasudev, learned Senior Counsel appearing for the petitioner, while referring to the contents of the Rent Deed, submits that the flat was rented out to the Hotel for the purpose of accommodation of its lady staff. He further submits that in pursuance of the rent agreement, a list of 8 persons, alongwith their tenant verification forms, was forwarded by the Hotel to the petitioner, which documents were duly submitted to the concerned Police Station for verification on 29/6/2018 and 2/7/2018. He also submits that as per the information disclosed by the occupants of the flat, only the 8 persons named in the letter dtd. 25/6/2018 of the Hotel were residing in the flat. Learned Senior Counsel has submitted that on becoming aware of the issues faced by the other residents of the property/building, the petitioner vide notice dtd. 9/7/2018 immediately terminated the tenancy and sought vacant possession of the flat which was delivered on 10/8/2018. He further submitted that on 16/7/2018, the petitioner had also given copies of the Rent Deed, the tenant verification forms as well as the notice dtd. 9/7/2018 to the concerned SHO. Lastly, it is submitted that neither were the aforesaid two ladies tenants of the petitioner, nor did Constable Sanjeev Kumar and/or Head Constable Kapil Kumar meet him on 16/7/2018 at 7:30 p.m. as alleged.