SURAJ GULATI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD learned Counsel for the parties and perused the entire material available in the file.

(2.) BY way of this writ petition Petitioner Suraj Gulati has challenged the order of Sub Divisional Magistrate Rishikesh dated 25.8.2007 passed in Case No. 2/2007, Suraj Gulati v. Jitendra Kumar and Ors. Under Section 145, 146(1) Code of Criminal Procedure and has sought quashing of the same along with the entire proceedings of the case No. 2/2007, as stated above.

(3.) FIRST time in 1966, this was recorded as Dharamshala in the Municipal record of Rishikesh as is adverted from annexure 3 of the counter affidavit. It also transpires that Respondents 3 to 8 somehow or other, occupied some rooms in the Dharamshala allegedly as tenants. This Suraj Gulati and his family, while as the local resident of Rishikesh having noticed that this Dharamshala has almost lost control of its owners or lessers or their successors and is not being properly looked after by any Manager, made a plan and in order to secure the ownership of the same the real brother of Suraj Gulati named Sunil Gulati went to Calcutta and got executed a special power of attorney on 29.3.2007 allegedly from the generational heirs of Mohri Bibi. The names of these successors are Shankar Prasad Bajaj, Jagmohan Prasad Bajaj, Smt. Lalita Devi Bajaj, Arvind Bajaj, Smt. Jyoti Saraff, Smt. Savitri Devi Bajaj, Anand Bajaj, Smt. Sushila Devi Bajaj, Smt. Preeti Lata Goenka and Miss Khushboo Bajaj. These persons claiming themselves to be the heirs in succession of Mohri Bibi, executed a special power of attorney in the name of Sunil Gulati for performing the lease deed of the property in question. Sri Sunil Gulat at the strength of this special power of attorney executed a sale deed on dated 12.4.2007 in favour of his real brother Suraj Gulati and mother Smt. Shanti Gulati. On the basis of this sale deed, Sri Suraj Gulati and his mother wanted to take the possession of the entire Dharamshala, then dispute arose.