VIRAG TIWARI & ANR Vs. STATE & ANR

JUDGEMENT

(1.) The petitioners are siblings to each other, both being children of late Sh. P.N. Tiwari, the second respondent being their sister-in-law (wife of their brother), each of them living at different floors of property bearing no.B-1/150, Janakpuri, New Delhi-110058. Admittedly, they are involved in a dispute with regard to the right, title, possession and use of the property, which is subject matter of the civil suit statedly now pending in the District Court.

(2.) On 20.02015, the second respondent had filed some complaint against the first petitioner, it being subject matter of DD no.41B of police station Janak Puri. On 09.06.2015, DD no.65B was recorded in police station Janak Puri against the backdrop of complaint of the second respondent. This led to initiation of proceedings before the Special Executive Magistrate (West District) vide kalandara no.77AB/15 presented on 11.08.2015 for initiation of action under Section 107 read with Section 150 of the Code of Criminal Procedure, 1973 (Cr. PC) both against the second respondent and the petitioners, they having been reflected in such proceedings as "first party" and "second party" respectively.

(3.) It is own case of the petitioners that an inquiry report had been submitted by the SHO, PS Janak Puri before the Special Executive Magistrate for initiation of such preventive action, and the Special Executive Magistrate, before proceeding further, had recorded the statement of the investigating officer on 25.08.2015. By order dated 25.08.2015, show cause notices were issued to both parties by the Special Executive Magistrate observing in the corresponding order that having heard the investigating officer and recorded his statement, he was satisfied that on the information thus received vide DD no.65B and the facts brought before him, there were sufficient grounds to proceed against the parties in question including the petitioners under Sections 107, 150 Cr. PC. He directed the show cause notices to be issued in terms of Section 107/ 111 Cr. PC and the matter to come up before him on 08.09.2015.