SATYA DEVI Vs. STATE

JUDGEMENT

(1.) PETITIONER No. 1 alongwith her husband Sh. Prem Lal (since deceased), was inducted as a tenant on the first floor in the premises bearing No. WZ-207, nangal Raya, New Delhi alongwith occupation and possession of the terrace from sh. Ram Saran Dass, landlord at a monthly rent of Rs. 250. Petitioner No. l alongwith her other family members is residing in the said house as a tenant, due to lineage. In the year 1995 the rent of the premises was increased to Rs. 350 per month. In May 2007, respondent No. 2 Kartar Singh made a complaint at Police Station Maya Puri which was recorded as DD-26a and DD-29a dated 4. 8. 2007. On the basis of these complaints, Kalandra under Section 107/150 of the Criminal Procedure Code (hereinafter referred to as Cr. P. C.) Code was filed by the police before the Special Executive magistrate on 4. 8. 2007 and a notice under section 111 Cr. P. C. was issued against the petitioners. The petitioners have challenged the legality and validity of the said notice issued on 31. 9. 2007 by the SEM, District south West, Delhi.

(2.) ON the basis of the said DDs, Kalandra was filed against both the parties i. e. petitioners as well as respondent No. 2 and his associates.

(3.) ON receipt of DD-26a in respect of a quarrel, SI Shiv Shanker, Police Station maya Puri alongwith constable Ashok visited house No. WZ-207, Nangal Raya, where they recorded the statement of Robin Singh, nitin Tanwar and Manish Kumar to the effect that their tenants, the present petitioners, were not paying the rent for a number of days and when they went to collect the rent, tenant Bhawani Shanker asked them to get out or he would throw them out and that they should not come back to demand rent. The tension was due to the reason that the landlord demanded rent and the tenant refused to pay the same. He apprehended breach of peace and therefore, recorded DD No. 29a dated 4. 8. 2007. On the basis of these DDs, he filed a Kalandra before SEM. South West District under section 107/150 Cr. P. C.