NARAYAN KUMAR Vs. STATE AND ORS.

JUDGEMENT

(1.) The petitioner has sought quashing of the notice dated 02.03.2012 under Section 145 of the Code of Criminal Procedure (hereinafter referred to as 'Code') issued by the SDM on the basis of a report by Police Station Ambedkar Nagar, regarding apprehension of breach of peace as a result of dispute over possession of House No.6/108, DDA Flats, Madangir, New Delhi.

(2.) The notice, under challenge, reads as under:

(3.) From the perusal of the notice, it appears that the petitioner and Respondent no.2 were called by the Magistrate for showing the maintainability of this case. The notice does not state about any apprehension of breach of peace as a result of the dispute over possession, or the satisfaction of the Magistrate about the existence of any emergency.