LAWS(DLH)-2008-3-120

MEERA KAPOOR Vs. STATE OF DELHI

Decided On March 12, 2008
MEERA KAPOOR Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THESE petitions under Section 482 of the Criminal Procedure Code, 1973 (Crpc) seek the quashing of a Kalandara under Section 175 IPC registered vide DD No. 50-B dated 13th November, 2005 at Police Station pahar Ganj, Delhi in FIR No. 129/2005 under Section 506 IPC also registered at P. S. Pahar Ganj, Delhi. They also challenge an order dated 20th January, 2006 passed by the learned Metropolitan Magistrate (MM), Delhi summoning the Petitioners for the offence under Section 175 IPC.

(2.) THE Kalandara states that enquiries commenced pursuant to a written complaint dated 22nd March, 2005 given by one Shri Yogesh Sharma concerning alleged threats and abuse extended by the personnel of Standard chartered Bank ('bank') Indian Express Building, Bahadur Shah Zafar marg to his brother Rakesh Sharma who was a journalist and who died on 19th October, 2004. The alleged threats were about the non-payment of credit card dues by Shri Rakesh Sharma. The complaint was registered as fir No. 129/2005 dated 23rd March, 2005 under Section 506 IPC at P. S. Pahar Ganj, Delhi.

(3.) THE Kalandara proceeds to state that the ASI Shri S. P. Singh attached to P. S. Pahar Ganj visited the Bank on various dates and served notices under Section 160 Crpc on its legal officers through Shri Megh singh, the Petitioner No. 2 in Crl. M. C. No. 3935-36 of 2006 on 3rd and 20th june 2005, 18th July 2005, 19th September 2005 and 29th October 2005 and that they did not give any information on the whereabouts of Shri tushar Dhar and other employees named in the FIR. The Kalandara states that the officer met Smt. Meera Kapoor the Petitioner in Crl. M. C. No. 1144 of 2006, who is in-charge, Legal Cell of the Bank on 31st March 2005 and 14th April 2005, Shri Khalid Safi-ulah the Petitioner No. 1 in Crl. M. C. No. 3935-36 of 2006, who is the Legal Officer of the Bank on 24th May 2005, 18th July 2005 and 17th August 2005, and Shri Megh Singh, the Petitioner no. 2 in Crl. M. C. No. 3935-36 of 2006, who is the Assistant Manager of the bank on 3rd June 2005, and that notice under Section 91 Crpc was given.