RAJESH KUMAR Vs. SURENDER KUMAR & ANR

JUDGEMENT

(1.) Crl. M.A. No. 15568/2016

(2.) Factual matrix of the present case is that the petitioner filed an application under Section 156(3) Cr.P.C. stating that he was in possession of one room on the ground floor of the property bearing number RZ-F-409, Palam Colony, Part-II. On 20th December, 2005, a kalandra was prepared under Section 107/151 Cr.P.C. vide DD No. 6B on account of some property dispute. However, on that day itself, a compromise was entered into between the petitioner and the respondents and it was agreed that the respondents will not dispossess the petitioner from the said property. On 6th August, 2006, Gainda Lal, father of petitioner and the respondents passed away whereafter the respondents did not allow the petitioner to enter the property and also removed the locks and goods. Consequently, a complaint was filed at PS Dwarka, however, no action was taken. A civil suit was filed under Section 6 of the Specific Relief Act. Thereafter, an application was filed which was dismissed vide order dated 19th February, 2007, however, the petitioner was granted liberty to lead evidence.

(3.) Petitioner, Rajesh Kumar examined himself as CW-1, Rajender Kumar, his cousin brother, as CW-2 and Mukesh Kumar Bhatia as CW- Summons were issued against the respondents for offence punishable under Section 448 IPC vide order dated 10th July, 2009. Notice under Section 448 IPC was framed against the respondents on 15th December, 2009. In post summoning evidence, petitioner only examined himself as CW-1. Surender Kumar (respondent no.1) and Narender Kumar (respondent no. 2) got examined themselves as DW-1 and DW-2 respectively and also examined three other defence witnesses.