DHARAM VIR Vs. LALITA PRASAD

JUDGEMENT

(1.) This petition is in consequence of the report dated the 18th September, 1972 submitted by Mr. D.C. Aggarwal, Additional Sessions Judge, Delhi under section 438 of the Criminal Procedure Code, hereafter called "the Code". The learned Add1. Sessions Judge was moved by the petitioners through a petition preferred under section 435 of the Code and the grievance raised was that the orders passed by the Sub Divisional Magistrate, Darya Ganj, Delhi which purported to be under sections 107/112 of the Code against them were illegal and deserved to be quashed.

(2.) Lalita Prashad resident of house No. 3584, Gali Hakim Wali, Darya Ganj, Delhi submitted an application under section 107 of the Code against the petitioners under the date 28.1.1972 in which he alleged that on the 5th September, 1971 armed with knives and daggee is having made preparations to kill him the petitioners had made a show of force causing apprehension of danger to his life. Lalita Prashad made good his escape and contacted the "police. Some of the petitioners are then alleged to have absconded. The remaining were allegedly called by the police and it was stated that they have an undertaking in writing that they would not raise any quarrel in future.

(3.) The applicant Lalita Prashad having made the afore-mentioned allegations in paragraph 5 of the application proceeded to stale in paragraph 7 thereof that on the 20th December, 1971 when the applicant was returning from the court of Sh. H.C. Goel. Addl. Sessions Judge, Delhi after attending his revision against Karam Vir, Vijay etc., all the respondents threatened him with dire consequences in case he continued his revision petition in the afore-mentioned court.