LAWS(DLH)-2015-10-99

SURENDER KUMAR SHARMA Vs. STATE AND ORS.

Decided On October 19, 2015
SURENDER KUMAR SHARMA Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.') has been filed for quashing the order dated 07.08.2014 passed by the learned Metropolitan Magistrate, Karkardooma Court, Delhi, thereby the police was directed to make further investigation of the case. Further seeks directions thereby quashing the FIR No. 55/2002 registered at Police Station Farsh Bazar, Delhi, for the offences punishable under Sections 380/457/448/506/120 -B of the Indian Penal Code, 1860 (hereinafter to be referred as 'IPC') and emanating proceedings thereto.

(2.) BRIEF facts of the case are that on 22.10.1946, father of the petitioner Late Sh. Narender Nath Sharma had filed a suit for partition and separate possession in respect of the property bearing Municipal No. 476 -A, measuring 280 square yards, situated at Teliwara, Shahdara, Delhi, against late Sh. Jagdish Saran and Others, in the court of Senior Subordinate Judge, Tis Hazari, Delhi, which was registered as Suit No. 76/596/1937 of 1946/1952. Accordingly, on 25.08.1952, the learned Sub -Judge, First Class, Delhi, decreed the suit of petitioner's father titled as "Narender Nath & Anr. Vs. Jagdish Saran & Others" and passed the judgment and a preliminary decree for partition and possession in respect of the suit property entitling petitioners therein to 140 square yards out of 280 square yards suit land in favour of the then petitioners and against the then defendants.

(3.) THE petitioner, who is appearing in person, submitted that on 14.03.2002, the complainant/respondent No. 2 filed a complaint under Section 200 Cr.P.C. and Section 156(3) Cr.P.C. in the court of learned ACMM, Karkardooma Courts, Delhi, against him and his family members.