BHARAT BHUSHAN @ BHAGWAN DAS Vs. RAJESH & ANR

JUDGEMENT

(1.) The petitioner filed a complaint before the learned Metropolitan Magistrate seeking directions under Sec. 156(3) Crimial P.C. as no FIR was registered on the complaint of the petitioner by the SHO of PS Palam on the complaint dated 30th May, 2014.

(2.) In the complaint filed under Sec. 200 Crimial P.C. against one Rajesh the respondent No. 1 herein, the petitioner alleged that he had purchased property in khasra No.89/1/1 of village Palam bearing No.89/1/5 having two shops constructed vide Agreement to Sell, GPA, Affidavit, Receipt dated 29th Nov., 1988 which was duly notarized by its erstwhile owner Smt. Prem Lata for a total consideration of Rs.95,000.00. Thereafter the petitioner/ complainant constructed a temporary room with a tin shed and let out the same on a monthly rent of Rs.3,000.00 to the father of Rajesh who passed away in the year 2005. Thus the property came in possession of Rajesh as a tenant. However Rajesh never paid the rent on one pretext or the other. The complainant terminated the tenancy vide notice dated 30th Dec., 2009 and thereafter filed a suit for possession, arrears of rent, damages and mesne profit before the Additional Senior Civil Judge, District South-West, New Delhi. In the said suit a written statement was filed by Rajesh claiming that his father had purchased the property from one Ishwar Singh, who purchased it from its original owner Shri Diwan Chand for a consideration of Rs. 1,000.00 in the year 1987. Photocopies of the documents were also filed.

(3.) Claiming that the documents of sale dated 6th Feb., 1994 and 3rd March, 1987 comprising of Agreement to Sell, Affidavits, Will, Receipt etc. were forged and fabricated documents, the petitioner sought registration of FIR against Rajesh by lodging a complaint to SHO PS Palam on 30th May, 2014. Due to the inaction of the SHO, the complaint was filed before the learned Metropolitan Magistrate.