GURDEEP BAGGA Vs. DELHI ADMINISTRATION

JUDGEMENT

(1.) Smt. Savitri Devi and her three sons are not satisfied with the order dated 1-7-1983 passed by Shri J.K. Pali, Metropolitan Magistrate, New Delhi, by which they alongwith their wives were summoned to face charge for the offences under Sections 147/452/323/149 Indian Penal Code . In order to understand the scope of attack, it is relevant to keep in mind few salient features of the complaint and the preliminary evidence recorded therein.

(2.) Smt. Kailash Chopra, complainant is the wife of Jatinder Pal Chopra. He is the son of Smt. Savitri Devi and brother of Manmohan, Jagdish and Dalip. Yash Pal Duggal is his brother-in-law. Who is married to Smt. Swam Lata, their sister. On 22-4-83, Smt. Kailash Chopra lodged a complaint in the court of Shri J.K. Pali, Metropolitan Magistrate, New Delhi, on the allegations that she aloagwith her husband and other members of the family has been living in house no. D-1/206, Lajpat Nagar, New Delhi. Her husband and one of his brothers Shri Surinder Kumar Chopra are the owners in possession of this house. In the year 1950, a hutment measuring 200 sq. yds. at Lajpat Nagar was allotted by the Ministry of Rehabilitation, New Delhi, to the family of the complainant's husband, in the name of his mother being head of the family, although she was not an earning member. The family members constructed two separate portions bearing no. D-1/205 and D-1/206 on this plot. The complainant, her husband and Surinder Kumar Chopra alongwith the mother started living in house no. D-1/206. Sometime later, Smt. Savitri Devi, without the consent and knowledge of the complainant and her husband, entered into an agreement to sell this property to a third party. Immediately after coming to know of this plan. Shri Jatinder Pal Chopra filed a civil suit and succeeded in obtaining an injunction order restraining his mother from proceeding further in the matter. However, in order to resolve the family dispute, a family arrangement was entered into, as a result of which Smt. Savitri Devi transferred her share in house no. D-1/206 in favour of Jatinder Pal Chopra and his brother Surinder Kumar Chopra by means of a registered deed.

(3.) It is the case of the complainant that this family arrangement annoyed the accused persons who wanted to grab the entire property. They even instigated Smt. Savitri Devi to cancel the deed of transfer of the property. Narrating the incident, the complainant averred that on 12-2-1982 at about 5 P.M. while she was sitting in a room under their occupation, accused Yash Pal, his wife Smt. Swam Lata, Manmohan, his wife Smt. Kanta, Jagdish, his wife Smt. Renu, Dalip, his wife Smt. Kamlesh and Savitri Devi entered the said room, shouting that they would kill the complainant and all the members of her family if her husband and his brother did not sign an agreement to cancel the transfer of the house in their favour. All the accused then started giving slaps and fist blows, as a result of which she sustained bodily pain and injuries all over her body. She raised an alarm and on hearing the noise, her husband, Shri Chaman Lal Narula and Shri Brij Mohan Sethi came to her rescue. Her husband immediately rang up the control room and also sent an information to Police Station Lajpat Nagar, which was recorded vide DD No. 15A dated 12-2-82. The local police arrived at the spot but no action was taken against any of the accused under the pretext that it was a family dispute. The complainant impressed upon the local police but they did not move in the matter nor got her medically examined. The complainant, however, was given first-aid by Dr. Y.K. Tripathi on the same day and was further treated by Dr. B.R. Bhattacharya. The complainant further alleged that in spite of her repeated attempts and requests, the local police did not take any action. Left with no other alternative, she filed the present complaint praying for the summoning of the accused, their trial and to punish them according to law. Alongwith this complaint, she also filed the list of witnesses and the relevant documents.