MANISH AGGARWAL Vs. STATE

JUDGEMENT

(1.) BY way of this petition, the petitioner has challenged the order dated 05.01.2013 passed by learned Chief Metropolitan Magistrate, Karkardooma Courts, Delhi and order dated 23.05.2013 passed by learned District & Sessions Judge (East) , Delhi.

(2.) IN short, the facts of the case are that the petitioner filed a complaint for the offences under Sections 380/411/430 IPC on the allegation, inter -alia, that the complainant had purchased the first floor of property bearing No. 102, Yojna Vihar, Delhi -92 from Smt. Kajal Gupta. Respondent No. 2/Smt. Sudha Garg with intend to annoy, harm and to cause injury to Shri Rakesh Gupta engaged a private person/stranger to steal the water tank of owner of the first floor. On 23.11.2002, the said stranger engaged by Smt. Sudha Garg opened the entire fitting of pipe connections attached with the water tank of first floor and then attempted to remove the same from the terrace of first floor. In the mean time, Mr. Rakesh Gupta who was then the owner of first floor reached at the spot and saw that the said stranger was stealing the water tank along with the pipes and fixtures, on the instructions of Smt. Sudha Garg. Shri Rakesh Gupta objected to the same but he could not succeed in stopping the stranger from stealing the water tank because there was a danger to his life. Therefore, he called police and a PCR van along with police officials arrived at the spot and asked Smt. Sudha Garg to return the water tank and re -install the same. Smt. Sudha Garg agreed to the same in the presence of the police and later on, she threw the said water tank down from the terrace and the said stranger removed the same from the spot. Shri Rakesh Gupta lodged a complaint dated 23.11.2002, but no FIR was registered. Hence, the petitioner filed a complaint for the offences under Sections 380/411/430 IPC.

(3.) AFTER recording pre -summoning evidence, the complaint was dismissed by learned trial Court under Section 203 IPC vide order dated 05.01.2013.