R P GUPTA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This present Petition, under Section 482, Cr. P.C. impugns the order dated 16.11.2004 of the learned Learned Addl. Sessions Judge (hereafter "the revisional Court").

(2.) The brief facts necessary to decide this petition are that the Petitioner is a retired Gazetted officer, and allotee of Flat No.25 in Vasant Co-operative Group housing society Ltd. (hereafter called "the Society"). The Respondent too is an allotee occupant of a flat in the same society. He was Vice President of the society till 23.10.1994. It is alleged that he threatened to implicate the Petitioner and other members in false cases.

(3.) The Respondent on 31.10.1997 registered an FIR No. 948/97 under Sections 336/427 IPC of P.S. Trilokpuri alleging that when he went for a walk at 11 pm with his daughter, some persons threw bricks at him, one of which fell on his car. He alleged that the same night, someone broke the wind screen of his car. He claimed that Kishori Lal and Parikshit Sahney to be the prime suspects; they had raised their voice in the General Body meeting against him. Thereafter, the complaint along with few other residents submitted a representation to SHO P.S. Trilokpuri on 08.11.1997 stating that the alleged incident dated 31.10.1997 was false and concocted. The Respondent was allegedly annoyed with the Petitioner and threatened to ruin him and his family. He included the Petitioner's name as one of the prime suspects in the FIR to tarnish his image.