PURAN MAL GUPTA Vs. STATE

JUDGEMENT

(1.) THE present petition has been filed under Section 482 Code of criminal Procedure (hereinafter referred to as Cr. P. C.) for setting aside the order dated 11th March, 2008 passed by Metropolitan Magistrate, New delhi in as much as it directed registration of FIR against the Petitioners.

(2.) BRIEFLY stated the material facts of this case are that on 22nd february, 2005 the Complainant alleges that he was restrained by his mother, two brothers and the Petitioners from entering his shop-cum-residence No. 3, Main Market, Lodhi Colony, New Delhi hereinafter referred to as the said premises. The Complainant further states that he reported the matter to the local police, but it took no action. The complainant also alleges that on 28th February, 2005 he was not only dispossessed from the said premises, but his goods were also removed by the aforesaid relatives and the Petitioners. The Complainant /es case is that despite reporting the matter to the police, the local police took no action as it was in hand in glove with the accused persons. It is also Complainant/es case that the aforesaid relatives and Petitioners had also prepared forged and fabricated documents to grab the said premises.

(3.) FROM the records it seems that on the basis of the above Complaint the police conducted an enquiry, but did not register an FIR as according to them the Complainant could neither satisfactorily explain the delay of two and a half years in lodging the complaint, nor could he produce the ownership documents of the goods and articles alleged to have been lying in the shop. The police also did not take any further action as they were of the view that the matter was already subjudice in a civil suit filed by the complainant. The police records further indicate that the Complainant/es brother and mother could not be traced for recording their statements.