ASHOK MALIK Vs. STATE OF DELHI

JUDGEMENT

(1.) Petitioner/accused, who is alleged to have committed offences under Sections 384/507/120-B/34 Indian Penal Code prays for relief under Section 439 of the Criminal Procedure Code.

(2.) It is alleged that a telephone call was received on 25/8/1998 by Priya Malik, daughter of the complainant from one Abu Salem of Dubai inquiring about the complainant and as the complainant was not available, his daughter was asked to request the complainant to contact the caller on telephone No.00971506845036 in Dubai. The complainant was informed about the said telephone, received from Dubai by his daughter on his return; that thereafter again a telephone was received and the caller inquired about the property opposite C.R. Park from him and also as to the capacity in which Mr.Ashok Malik was living in that property; that the complainant informed the caller that his tenancy was with M/s.Modi Rubber Ltd. whereupon the caller told the complainant that he knew everything and knew Modis personally and also told him to inquire about his name and deeds from any police commissioner in Delhi and also referred to the name of Gulshan Kumar and asked the complainant to make inquiries about him and let him know within two days; that M/s.Modi Rubber Ltd. has been rented out property bearing No.C-10, Chirag Enclave, New Delhi by the complainant in 1980 and that Mr.Ashok Malik, Director of the said company has been in occupation of the said property; that Mr.Malik has been off and on demanding that the complainant should sell roof rights to him to construct a first floor; that the complainant had filed a suit for eviction against M/s.Modi Rubber Limited in April 1996 and Mr.Malik tried to get himself impleaded in the said suit.

(3.) On the basis of the aforesaid complaint, which was lodged on 26/8/1998 before the Commissioner of Police formal F.I.R. was registered on 31/8/1998 in Police Station Lajpat Nagar, New Delhi.