R.P. SINGLA Vs. C.K. KAPUR

JUDGEMENT

(1.) THE challenge in this petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) is to an order dated 30th November 2007 passed by the learned Metropolitan Magistrate (MM), New Delhi in the criminal complaint being C.C. No. 2190/1 titled "R.P. Singla v. C.K. Kapur etc." whereby the learned MM rejected the application filed by the petitioner under Section 156 (3) CrPC and directed the complainant to lead pre-summoning evidence.

(2.) THE aforementioned complaint was filed by the petitioner alleging commission of offences by respondents 2 to 18 in relation to the management of a registered trust by the name of "Guruji Ka Ashram" which was settled and founded by Shri Nirmalji, known otherwise as "Guruji" by a registered Trust Deed dated 14th May 1999. It is alleged that on 25th August 2007 the respondents decided to take law into their own hands after they were unable to stop the functioning of the trust administration through civil litigation in the form of CS (OS) No. 1478 of 2007 in the High Court. It was alleged that along with their cronies they manhandled the security guards and forcibly entered into the "Shiv Mandir" at Bhatti Mines, Mehrauli, New Delhi which was one of the trust properties, and started raising unauthorised construction near the Samadhi of Guruji. When their action was resisted by the trustees, the respondents indulged in brick-bating, entered into the office, threw away the important records and threatened to kill the complainant by calling him names. It is alleged that on the next day, i.e., 26th August 2007, when the trust administration approached the police to check the illegal construction work, only one head constable along with constable came to the temple premises and requested the respondents to stop the illegal construction. However, they did not heed this request. It is submitted that a D.D. No. 16 dated 26th August 2007 PP Bhatti Mines was recorded. However, no action consequent thereto was taken. Accordingly, a complaint under Section 200 CrPC along with an application under Section 156 (3) Cr.P.C. filed in the Court of the learned ACMM.

(3.) PURSUANT thereto a status report was filed by the police on 20th September 2007 which reads as under:-