MOHD FAHIM Vs. STATE & ORS

JUDGEMENT

(1.) Present writ petition under Article 226 of the Constitution of India has been preferred by the petitioner to direct respondents No.1 and 2 to lodge FIR against respondents No.3 to 6; to get recover the articles in possession of respondents No.3 to 6.

(2.) I have heard the learned counsel for the petitioner and have examined the file. On perusal of the contents of the petition, it reveals that primarily it is a civil dispute between the petitioner and respondents No.3 to 6. The petitioner claims that the respondents No. 5 and 6, owners of 4th floor of property bearing No.C-158, Shastri Park, Delhi- 110053 had inducted his wife as a tenant on a monthly rent of Rs.100/- excluding electricity and water charges vide rent agreement dated 01.02016. The respondents No.5 and 6 have further admitted receipt of Rs.4,00,000/- as 'security'. The said tenancy was extended subsequently. Since 01.02016, the petitioner's wife is in continuous possession of the rented accommodation. It is alleged that on 03.04.2018 when the petitioner and his wife were away to the residence of their daughter, the respondents No.3 to 6 in collusion and connivance with respondents No.1 and 2 removed the goods lying in the rented accommodation and committed trespass. The matter was reported to the police several times but no action was taken. Hence the present writ petition.

(3.) The petitioner admits that civil proceedings have been initiated for recovery of Rs.4,00,000/- by the petitioner's wife which are pending before the court of Sh. Brijesh Garg, ADJ, Karkardooma, Delhi and the next date of hearing is 01.05.2018.