ASHOK CHAWLA Vs. STATE

JUDGEMENT

(1.) The petitioner in Crl. M.C.No. 3548/2011 has sought quashing of the order dated 10th October,2011 passed by Shri Ajay Garg, Metropolitan Magistrate(Tis Hazari) in complaint case no. 403/1/10 filed against him and many others by one Smt. Sushila Suryawanshi (respondent no.2 in this petition), whereby registration of an FIR was ordered under Section 156(3) of the Code of Criminal Procedure,1973("Cr.P.C." in short) while in Crl. M.C. No. 1510 of 2010 the same petitioner as the complainant of the case registered against respondent no.2 Madan Lal Suryawanshi and his wife Smt. Sushila Suryawanshi abovenamed vide FIR No. 40/2009 at Karol Bagh police station under Sections 380/448 IPC has sought cancellation of bail granted by this Court vide order dated 21st December,2011 to accused Madan Lal Suryawanshi. As both the petitions were heard together and common submissions were advanced at the time of hearing the same are being disposed of by this common order.

(2.) On 26th May,2009 the petitioner Ashok Chawla had lodged a complaint with the police that part of his property no. 10972/5-A, Sat Nagar, Gali No. 6, WEA, Karol Bagh, New Delhi had been illegally trespassed into by the abovenamed Madan Lal Suryawanshi and his wife Sushila Suryawanshi. On the basis of that complaint FIR No.40/2009 was registered at Karol Bagh police station. During the course of investigation of that case it was found out by the police that the husband and wife had forged certain documents to support their claim that they were in lawful occupation of the property in question and accordingly many other sections of IPC including 420,467,468,471, 120-B were also invoked against them.

(3.) Sushila Suryawanshi then had filed a criminal complaint in Court under Section 200 Cr.P.C. in July,2010 against the petitioner herein and many others, including the Delhi Police, State of NCT of Delhi and The National Commission for Women. In that complaint Section 156(3) Cr.P.C. was also invoked by the complainant Sushila Suryawanshi and a prayer was made to the Court for directing the police to register an FIR against all the persons arraigned in the complaint as accused.