RITA KAKAR Vs. S D M KAROL BAGH

JUDGEMENT

(1.) There is a shop-cum-residence bearing No.58, Old Rajinder Nagar. Its owner Dr.P.Lal was a single woman. On 23.10.1999 she was found dead inside the said premises. Her brother petitioner no.2 Kuldip Raj Kashyap was informed at Chennai about her death. On learning about the death of her sister he rushed to Delhi and was handed over the dead body for cremation and last rites.

(2.) Petitioner no.1, the neice of the deceased and petitioner no.2, her brother wanted to take possession of the premises. Instead of handing over the keys, SHO sealed the same and take into possession the keys of the premises and sent the Kalandara to the SDM that two or three more persons have staked their claim over the suit property. However, SHO did not mention who were those persons nor did he try to know their details or their names or their relationship with Dr.P.Lal. It was after due verification and satisfaction that the dead body of deceased Dr.P.Lal was handed over to her brother Kuldip Raj Kashyap for cremation. Learned S.D.M without making inquiry sealed the property under Section 145 Cr.P.C as if there were rival claimants creating a situation where there was likelihood of breach of peace.

(3.) Section 145 Cr.P.C empowers the Magistrate to seal the property if he receive a report of the police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or property which includes building. The Magistrate has to satisfy himself stating the grounds for seizing and sealing the property before giving an order in writing. He is also obliged to require the parties concerned in such dispute to attend his court in person or by pleader .