SURESH SAHU Vs. STATE AND ORS.

JUDGEMENT

(1.) By way of the present petition under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.' for short) read with Art. 227 of the Constitution of India, the petitioner Suresh Sahu has challenged the order dated 28.2.2014 passed by learned District & Sessions Judge, South East, Saket Court, New Delhi whereby criminal revision filed by the petitioner was dismissed.

(2.) The facts of the case as borne out from the present petition are that the petitioner filed a complaint for the offences under Sections 420/467/468/471/406 and 34 Penal Code on the allegations, inter alia, that petitioner/complainant is the landlord of the property bearing number D-402, Defence Colony, New Delhi and the respondents No.2 to 4 are the tenants. The respondents moved an application for conversion of the property from leasehold to freehold before Rs.& D.O. and projected themselves to be the owner /GPA Holder of the owner and obtained conversion and conveyance deed dated 12.4.2012 by playing fraud. It is further alleged that the property was owned by Mr. Satish Sahu, brother of the petitioner who expired on 20.2.1989. It is also alleged that the respondents have forged and fabricated the general power of attorney allegedly executed by the deceased Satish Sahu. The petitioner lodged a complaint dated 14.8.2012 but of no avail.

(3.) On an application filed under Sec. 156(3) Crimial P.C. the Metropolitan Magistrate called for status report. The police filed the status report stating that the FIR was not lodged since a civil suit with regard to the property in question is already pending in the High Court of Delhi. It was also mentioned that the accused persons are in occupation of the property for the last 46 years and also running their business from the said property. Vide order dated 12.7.2013, learned Metropolitan Magistrate, after considering the averments made in the complaint, dismissed the application under Sec. 156(3) Crimial P.C. and directed the petitioner to lead pre-summoning evidence.