NARENDER KUKREJA Vs. STATE

JUDGEMENT

(1.) This petition has been filed by the petitioner-accused under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the order dated 15 th July, 2010 passed by the learned Metropolitan Magistrate in a criminal complaint(being C.C.No. 34/1/10) filed by respondent no.2 whereby he has been summoned as an accused for the commission of the offence punishable under Section 209 of the Indian Penal Code.

(2.) The petitioner is the tenant under the complainant-respondent no.2 in a part of property no. K-146, Krishna Park Extension, New Delhi. The respondent no.2 filed a petition in the Court of Rent Controller for the eviction of the petitioner under Section 14(1)(e) of the Delhi Rent Control Act,1958. On receipt of the notice of that eviction petition the petitioner sought leave to defend the same by filing an application and his affidavit stating therein the facts which according to him entitled him leave to defend the eviction petition. The respondent no.2 filed his reply to the petitioner's application for leave to defend and refuted the averments made therein. However, before the learned Rent Controller could take any decision on the petitioner's leave to defend application the respondent no.2 filed a criminal complaint under Section 200 of the Code of Criminal Procedure,1973 against the petitioner and one other person to whom the rented premises had been allegedly sub let by the petitioner. In the complaint commission of the offences punishable under Sections 193/199/209/34 IPC by the petitioner was alleged because of his having sought leave to defend the eviction petition on false pleas.

(3.) The learned Magistrate after recording the pre-summoning statements of the complainant(respondent no.2 herein) and his son passed the impugned order summoning the petitioner herein only as an accused for the commission of the offence under Section 209 IPC. Feeling aggrieved by that order the present petition was filed by the petitioner.