GURANDITTA MAL Vs. STATE

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure, 1973 (Crpc) challenges an order dated 6th September 2008 passed by the learned Metropolitan Magistrate (MM), Rohini Courts, Delhi in Criminal -Complaint Case No. 2070 of 2007 titled "subhash Chander v. Guranditta mal and Others" whereby the petitioners have been summoned for the offence under Section 302/34 IPC. Background facts

(2.) THE background to the present case is that one Nand Lal, the father of Respondent No. 2 Subhash Chander, gave on rent a shop on the ground floor of the premises at C-8, Arya Samaj Road, Adarsh Nagar, New Delhi to late Mangha Ram, the father of Petitioner No. 1 and the grandfather of petitioners 2 and 3. The petitioners claim that after the death of Mangha ram, the father of Respondent No. 2 was treating the petitioners as tenants in relation to the shop in question. In 1990, however, the father of respondent No. 2 instituted proceedings to evict the petitioners. The eviction petition was dismissed and the dismissal was affirmed by the appellate authority. It is stated that the further appeal against the said order is pending in this Court.

(3.) IN 2000, Petitioner No. 1 filed an application under Section 44 of the delhi Rent Control Act for permission to carry out repairs to the shop. It is the case of the petitioners that on 12th February, four days after the aforementioned order, they commenced the repair work in the shop. At around 3 pm on 12th February 2007, Respondent No. 2, along with his son manish Khera and his father Nand Lal started quarrelling with the petitioners. It is alleged that started abusing and physically handling the petitioners. It is alleged that Manish Khera ran to his house on the first floor, got a knife and caused a stab injury on the arm of Sanjay Kumar chaudhary, the servant of Petitioner No. 1 Nand Lal at that time went to his shop and hid himself there. The petitioners called the police and in the meanwhile Manish Khera ran away. FIR No. 75 of 2007 was registered at the instance of Sanjay Kumar Chaudhary against Mansih Khera. In connection with this FIR, Manish Khera has been charged under Section 324 IPC and is facing trial.