KAMLESH & ORS Vs. STATE

JUDGEMENT

(1.) By way of this petition filed under Section 438 of the Code of Criminal Procedure, 1973, petitioners seek direction for grant of anticipatory bail to them in case FIR No.957/2015registered at Police Station Nand Nagari, Delhi, for the offences punishable under Sections 380/448/ 457/ 506/34 of the IPC.

(2.) Learned counsel appearing on behalf of the petitioners submit that the aforesaid case was registered on the complaint of one Amit Kumar s/o Sh Satveer Giri staying at House No.D-3, Alaknanda Apartments, Surya Nagar, Ghaziabad, UP. As per FIR, he had purchased house bearing No.B-4/416, Nand Nagari, Delhi in the year 2012 and possession of ground floor was with him. It is admitted that first floor was in possession of Subhash Chand, one of petitioners. He alleges that there was single bed, three iron chairs, two chairs of sofa, gas oven and utensils.

(3.) The case of the petitioners is that the complainant wanted to tress pass into the property of the petitioners and therefore, the complainant made a complaint to the police on 15.10.2014 i.e. prior to the registration of FIR. The petitioner No.1 became owner of the property by virtue of Will dated 12.11.2002 and she has filed a probate petition in respect of said Will, which is pending adjudication.