RAM PRAKASH Vs. STATE

JUDGEMENT

(1.) THIS petition has been directed by Sh. Ram Prakash and Ashutosh, petitioners herein, against the order dated 18th December, 1995 passed by the Special Executive Magistrate. Ram Prakash, petitioner No. 1 is retired Professor from the Institute of Public Administration, Delhi. Petitioner No. 2 is Managing Director of a Company known as Best Power, a Unit of General Signal. They are father and son. Petitioner No. 1 is owner of House No. B -48, New Delhi South Extension, Part 1, New Delhi. Second floor of the said premises belonging to petitioner No. 1 had been let out to one Sh. D.N. Srivastava. The said portion which was let out consists of one room attached with W.C. and bath on Barsati Floor. Petitioner No. 1 kept with him two rooms, one kitchen, two bath and WCs and about 150 sq. ft. terrace in his possession. Since the tenant, Sh. D.N. Srivastava did not pay the rent and obtained illegal electric connection without paying electricity charges and unauthorisedly occupied passage for his kitchen which did not belong to him, therefore, petitioner No. 1 filed civil suit against the said D.N. Srivastava. He also lodged a report with police to remove unauthorised occupation of the passage by the said D.N. Srivastava.

(2.) SH . D.N. Srivastava also lodged complaint with the police on 17th December, 1995 indicating that the petitioners herein came to his tenanted premises and threatened him and his wife that they would kill them within three days. Prior to that also according to D.N. Srivastava, such threats were given by the petitioners for which complaints were lodged.

(3.) ON this complaint of Sh. D.N. Srivastava the police recorded the statement of his wife Meena Srivastava as well as D.N. Srivastava and booked the petitioners under Section 107 of the Code of Criminal Procedure (Cr.P.C.). A Kalandara was submitted to the Special Executive Magistrate, who happens to be the Assistant Commissioner of Police. In fact four Kalandaras were submitted - two against the present petitioners and two against Sh. D.N. Srivastava.