KISHAN DEVNANI Vs. STATE

JUDGEMENT

(1.) On the criminal complaint (CC No. 523311/2016 earlier no. CC no. 63/1C/2015) of the second respondent (complainant), the petitioner (along with certain others) has been summoned by the Metropolitan Magistrate, by her order dated 18.01.2018, to appear as an accused and be answerable on accusations of complicity in certain acts statedly constituting offences punishable under Sections 197 and 198 read with Section 34 of Indian Penal Code, 1860 (IPC). The petitioner had assailed the said summoning order in the court of Sessions by criminal revision no. 739/2018 but without success, his petition having been dismissed by its order dated 09.01.2019.

(2.) Feeling aggrieved, he has come up invoking the inherent power and jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) questioning the legality of the view taken by the courts below.

(3.) The background facts need to be taken note of, in brief. The controversy concerns property described as Duplex Dwelling Unit flat no. 10A, Prem Shanti Kunj, 2 Club Road, Delhi-110054. The said flat is part of a larger super-structure, it statedly comprising of four floors including basement and ground floor. The building plans in respect of the said super-structure were statedly sanctioned on 18.04.1990. The building was developed by the owners with the help of a construction company under collaboration agreement that was executed on 09.02.1991. Unauthorised construction on account of deviations were noted by the municipal authorities leading to show cause notice against demolition being issued on 20.08.1992 under Sections 343 and 344 (1) of Delhi Municipal Corporation Act, 1957 (DMC Act).