GANGADHARAN C. Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C. ") has been filed against the judgment dtd. 5/7/2018 whereby the learned MM dismissed the Complaint under Sec. 500 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC ") filed by the Petitioner/Gangadharan C. against Accused persons, i.e. Accused No. 1/Sh. Pankaj Mehrotra, the President, Accused No. 2/Sh. S. Chandrasekhar, the Secretary, and Accused No. 3/Sh. HS Bhandari and 4/Smt. Anjana Bhandari are the members of the Society, Accused No. 5/Sh. Swaminathan is the Advisor to the President of the Management Committee, Accused Nos. 6 to 10 (Sh. M Arshad Khan, Smt. Shanti Bhardwaj, Sh. CM Bhardwaj, Smt. Surender Kaur, Inderjeet Singh, respectively) who were the members of the Management Committee.

(2.) The Complainant/Petitioner had filed a Complaint under Sec. 500 IPC wherein he narrated that he is a member of a Society, i.e. Naveen Cooperative Group Housing Society Limited, in which he resides with his wife and family. He had been allotted a car parking in the Society in a lottery on 3/5/2009, in regard to which there was a dispute, about which he had made the Complaint to the President of the Society wherein he stated that Accused No. 3 and 4 had occupied his car parking. They had erased the allotted parking number and had started using it by affixing their own house number.

(3.) The Accused No. 4 had written a Letter dtd. 6/5/2009 to Sh. Pankaj Mehrotra, Accused No. 1, President of the Society. He also made a Complaint against the Accused person in P.S. Dwarka on 6/6/2009. However, no action was taken. Thereafter, the Accused person started threatening the Complainant to kill him and also started calling him as a "mental case ". Because of these kinds of threats, the Complainant was unable to come to his house for a few days. His wife also made a Complaint dtd. 13/6/2009 to PS Dwarka.