MOHIT KUMAR Vs. STATE

JUDGEMENT

(1.) Instant FIR was registered against the petitioner on the complaint of respondent No.2 that on 4.2.1999 the petitioner had forcibly entered into the premises referred as Flat No. 704, Survapriya Apartments, Survapriya Vihar, New Delhi and took over the possession.

(2.) It is pertinent to mention that petitioner- has filed a civil suit against the complainant/ informant No.1 in respect of property in question. The petitioner is claiming ownership as well as possession over the said property being son of the deceased owner. The respondents/complainants are the nephews of the deceased owner. In the aforesaid civil suit the Civil Judge vide order dated 11.2.1999 has ordered that "in the meantime the parties are directed to maintain status quo regarding the suit property and disturbing the peaceful possession of the petitioner".

(3.) As is apparent there is a dispute with regard to the possession and title over the property in question. Not only that the dispute as to possession has also landed in the Court of the SDM by way of proceedings under Section 145 Cr.P.C.