S K CHATURVEDI Vs. STATE

JUDGEMENT

(1.) THE petitioner has filed this contempt petition alleging violation of an order dated 30. 10. 2006 of this Court.

(2.) A dispute in respect of possession of Shop No. 741, Jheel khuranja, Delhi-51 had caused initiation of proceedings under Section 145 cr. P. C. between four persons viz. Gulshan Dhamija, S. K. Chaturvedi, Dharmender and Lal Bahadur. A preliminary order under Section 145 (1) Cr. P. C. was passed by the concerned SDM. Subsequently, this Court passed an attachment order under section 146 (1) Cr. P. C. was passed and directions were issued to the concerned sho to attach the property in dispute. However, after hearing both the parties, the SDM passed final order on 3. 2. 2004 ordering de-attachment of the property and restoring the property to Gulshan Dhamija who was found to be in actual physical possession of property i. e. Shop No. 741, Jheel Khuranja, Delhi. Aggrieved by this order, the petitioner filed a revision petition in the Court of Additional Sessions Judge, Karkardooma. This revision petition was dismissed by the learned Additional Sessions Judge on10. 10. 2006 and the case was sent back to SDM with the direction to implement the order passed by the SDM on 3. 2. 2004 after dismissal of the revision petition and in pursuance to the directions of the learned ASJ, SDM passed an order on 28. 10. 2006 handing over the possession of the shop to Gulshan Dhamija. The directions were also given to the SHO krishna Nagar to implement the order.

(3.) THE petitioner preferred a criminal miscellaneous petition no. 6893/06, which was fixed before this Court on 30. 10. 2006. This Court ordered for issuance of a notice to the respondents returnable for 14. 11. 2006 and also directed that in the meantime, possession of the disputed property be not given to the respondents. It is alleged by the petitioner that he had filed an affidavit before the respondents informing the order passed by this Court in respect of possession of the disputed property, but the respondents did not listen to him and the possession of the property was given to Gulshan Dhamija in defiance of order of this Court passed on 30. 10. 2006. It is stated by the petitioner that he had filed an affidavit along with a covering letter before the SDM at 12. 30 p. m. on the same day but the learned SDM and SHO did not obey the order.