K L DHALL Vs. B P DUTTA

JUDGEMENT

(1.) -

(2.) ONE K.L. Dutta had filed a suit, being suit No. 409/80, against Behari Lal Chhabra for possession of the plot of land bearing No. VB 64B, Virender Nagar, New Delhi. A decree for possession of that plot of land was passed in his favour by Mr. V.K. Malhotra, Sub Judge 1st Class, Delhi, on March 28, 1981. The decree holder took out execution of that decree. That was resisted by the judgment debtor and the possession of that plot could not be delivered to the said decree holder. Thereafter Smt. Mohan Devi through her attorney Shri K.L. Dhall filed a suit, being Suit No. 30/82 in the court of Mr. P.D. Jarwal, Sub Judge 1st Class, Delhi, on January 15, 1982 for a declaration that the aforesaid decree was not executable against her together with a decree for mandatory injunction restraining the decree holder from executing the decree against her plot No. A-47, Virender Nagar, New Delhi. In this suit she impleaded Shri Krishan Lal Dutta and Shri Brahm Prakash Dutta who is the son of Shri Krishan Lal Dutt and is an advocate by profession. These persons were impleaded as defendants No. 2 and Sand the Delhi Development Authority being defendant No 1 in that suit, besides some other defendants. The plant was signed and verified by Shri K.L. Dhall as the attorney of Smt. Mohan Devi. Certain allegations were made by the plaintiff in that plaint. Shri B P. Dutta on receipt of summons and a copy of the plaint of that suit filed a complaint under Sections 500/109/120B of the Indian Penal Cede against K.L. Dhall and Smt. Mohan Devi in the court of Mr. D.S Pawaria, Metropolitan Magistrate, Delhi. Mr. Pawaria after perusing the averments in the complaint and after recording the statement of the complainant Shri B.P. Dutta summoned K.L. Dhall, petitioner, under Section 500 of the Indian Penal Code vide order dated August 3, 1982. The petitioner appeared before the Court of the learred Magistrate in pursuance of the summons served on him and participated in the proceedings for some time. An application was moved by the petitioner before the learned Magistrate for dropping the proceedings against him. That application was dismissed by the court vide its order dated January 19, 1983 holding that in his opinion it would not be proper to outright acquit the accused at that stage without giving him notice as provided under Section 251 of the Criminal procedure Code and notice of accusations was directed to be served on the petitioner. Thereafter the petitioner moved the present petition\under Section 482 of Criminal Procedure Code on November 26, 1984 for quashing the Proceedings as pending against him in the aforesaid court of the learned Magistrate under Section 500 of the Indian Penal Code.