SHASHI DEVI SHARMA Vs. SANJAY GOEL

JUDGEMENT

(1.) This petition has been filed under Section 482 Cr.P.C. for quashing of order dated 19th August, 2004 passed by learned SDM, Preet Vihar, Delhi.

(2.) The brief facts relevant for the purpose of deciding this petition are that the respondent no. 1 made an application / complaint to the SDM wherein he stated that proceedings under Section 145 Cr.P.C. should be initiated as there was apprehension of breach of peace over the possession of property no. C- 18/238, Gurunanak Pura, near Radhu Place, Delhi. On receipt of this application the learned SDM passed following order: "Received complaint from Shri Sanjay Goyal. Issue notice for 29.08.2004"

(3.) It is submitted by the petitioners that the order passed by learned Metropolitan Magistrate was illegal and beyond jurisdiction. Sub Divisional Magistrate could have passed an order only in terms of Section 145 Cr.P.C. after specifying himself that there was apprehension of breach of peace.