RAKESH SINHA Vs. STATE

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C. instituted on 27.5.1998, direction is sought against respondents Nos.1 and 2 to register a case against respondents Nos.3 to 8 for the cognizable offences, alleged to have been committed by them and further to restore possession to the petitioner of the premises bearing No.80/77-A Malviya Nagar, New Delhi.

(2.) The petitioner claimed that he had been working as a Music Teacher in Malviya Public School and was allotted the aforementioned school premises in December, 1992. He had been requesting the school authorities for increase in salary and to confirm his services, which was not done. After the death of B.K.Chawla in January, 1990, it is alleged that his sons, namely respondents Nos.5 and 6 came to his premises alongwith respondent No.7 on 28th and 29th January, 1998 and threatened the petitioner that in case the premises are not vacated, he would be killed. A complaint to that effect was lodged with the police. The petitioner claims that apprehending danger to his life, on 1.2.1998 he left his home town Ghaziabad, after taking leave. On 7.2.1998, when he came back, he wanted to approach his residence, but was prevented by respondents Nos.5 to 8. On the same day, a letter was sent to the Principal of the school for permission to remain on leave.

(3.) Again on 9.2.1998, it is alleged that he tried to enter the premises, but was prevented from doing so. When the petitioner told the aforementioned respondents that he had come along with his brother to take his luggage and to vacate the premises, he found considerable luggage removed from the premises. On inquiry, the aforementioned respondents informed that the petitioner will have to sign on stamp papers and only thereafter the remaining luggage will be returned. The petitioner was handed over few papers. He could not understand as to what was written thereon. Not only the petitioner was made to sign, but signatures of his brother were also obtained. The petitioner states that in this manner, he was made to resign forcibly. As such, on 23.2.1998, the complaint (Annexure-C) was sent by the petitioner to Deputy Commissioner of Police, Crime Branch for registration of proper case and for return of luggage. When no action was taken and no case was registered, he had no option, but to approach the Court.