PREM NATH Vs. SURENDRA KRISHNAN AND STATE

JUDGEMENT

(1.) Shri S.B.S.Tiagi, Assistant Commissioner of Police,. Shri Prem Nath, Inspecter, former SHO Police Station Roshnara, Delhi, and by ASI Mohan Singh have filed these petitions under Section 482 of the Code of Criminal Procedure for quashing the criminal complaint under Sections 302/102-B, Indian Penal Code These three petitions are disposed of by this Judgment. In these petitions, it is also prayed that order of summoning passed by Shri J.M. Malik, Metropolitan Magistrate Delhi, dated 9th May, 1988 and the order of the learned Sessions Judge dated 9th June, 1989, (dismissing the criminal revision No.l21/88) be set aside. The Complaint was filed before the court of Chief Metropolian Magistrate, Tis Hazari by Smt.Surender Krishnan wife of Late Dr. P.G. Krishnan. The Complainant is a practising advocate in Delhi and wife of the deceased Dr. P.G. Krishnan, Professor of law in the Delhi University, Delhi.

(2.) It is stated in the complaint that Late Dr. P.G. Krishnan was staying with his wife and 3 daughters at first floor of house no.7/22, Roop Nagar, New Delhi-7, as tenants of Smt. Gian Devi Suri who lives alongwith her son Shyam Suri, his wife Nirmala Suri and their children, namely, Smt. Renu Khanna alias Dolly. In the complaint, it is stated that Smt. Renu Khanna, grand daughter of Smt. Gian Dvi was harassing Late Dr. P.G. Krishnan and his family members with the object of making them forcibly vacate the tenanted portion. The landlady never got repaired the dilapidated roofs of the tenanted portion in spite of the repeated requests, since 1978.

(3.) On 8th January 1987, Smt. Renu Khanna committed house trespass and inflicted intentional insult by abuses to provoke breach of peace and criminal intimidation as a result of which DD No.21-A dated 18.1.87 was lodged by the deceased husband of the Complainant at Police Station Roshnara, Delhi. A detailed complaint of the facts leading to the incident of 8th January 1987 was made on 9th January, 1987 to the S.H.O., Police Station Roshnara, Delhi, and was acknowledged by the Police Station on the same day.