Delhi District Court
State vs Mool Chand on 3 March, 2015
State v/s Mool Chand
FIR No.326/12
PS Palam Village
IN THE COURT OF Dr. PANKAJ SHARMA,
METROPOLITAN MAGISTRATE01, DWARKA COURTS, DELHI
Brief reasons for the judgment in the case with following particulars:
FIR No. 326/12
PS: Palam Village
U/S :188 IPC
State V/S Mool Chand
C No. 511/2
U.ID No 02405R0086272013
Date of Institution: 28.03.2013
Name of the Complainant Sh. Ajay Kumar Sharma
Assistant Engineer (Bldg)
Najafgarh Zone, New Delhi.
Name and address of accused Mool Chand
s/o Late Sh. Gyasa Ram
@ Panchu Ram
r/o H. No. WZ54A, Gali No.2,
Sadh Nagar, New Delhi.
Charge framed against accused u/s 188 IPC
Plea of accused persons pleaded not guilty
Final Order Acquittal
Date for announcing the orders 03.03.2015
State Vs. Mool Chand
FIR No. 326/12
PS Palam Village
Case No. 511/2 Page no. 1 of 7
State v/s Mool Chand
FIR No.326/12
PS Palam Village
Judgment
The brief facts and pre trial procedure
1.Charge was framed against the accused that his property bearing no. E9 (between WZ 54 & WZ 50) in front of WZ 127, Sadh Nagar, New Delhi within the jurisdiction of PS Palam Village was sealed by Building Department of MCD Najafgarh Zone on 21.03.2012. The seal affixed on premises by Building Staff MCD Najafgarh Zone was reported to be tempered by the accused and therefore he was charged for offence u/s 188IPC, to which accused pleaded not guilty and claimed trial.
Trial
2. To prove the charges, prosecution has examined seven witnesses and their deposition is given hereunder:
3. PW1 Sh. Kulwant Singh deposed that on 24.12.2012, he was posted as office incharge SDMC Building department Najafgarh Zone and on that day, he had handed over photocopies of the following documents relating to the property between WZ54 & WZ50 & in front of WZ127 property E9 Sad Nagar, to the IO of this case i.e. (1) Photocopy of FIR (Building Department) Ex.P1, (2) The photocopy of the notice u/s 344(1) and 343DMC Act Ex.P2, (3) Photocopy of State Vs. Mool Chand FIR No. 326/12 PS Palam Village Case No. 511/2 Page no. 2 of 7 State v/s Mool Chand FIR No.326/12 PS Palam Village demolition notice u/s 343(1) of the DMC Act Ex.P3, (4) Photocopy of demolition order u/s 343 of DMC Act Ex.P4, (5) Photocopy of demolition order under DMC Act Ex.P5, (6) Photocopy of show cause notice Ex.P7, (7) Photocopy of sealing order Ex.P7, (8) Photocopy of sealing order and show cause notice u/s 345A of DMC Act Ex.P8 &P9 respectively. These documents were taken into possession by the IO vide seizure memo Ex.PW1/A.
4. PW2 Shailesh Kumar deposed that in the year 2012, he was posted as AE (Building department Najafgarh Zone, SDMC). On that day, the premises of Sh. Mool Chand bearing property number E9(between WZ54 and WZ50) in front of WZ127 Sad Nagar was sealed by the MCD staff of building department on 21.03.2012 with the assistance of police force from PS Palam Village. The seal(s) affixed on this premises were recorded to be broken/tampered with by the occupier/owner/builder. He had made a complaint in this regard to the police for registration of the case, which is Ex.PW2/A.
5. PW3 Sh. Narender Malik deposed that in 20112012, he was posted as JE Building in MCD Zone, Najafgarh. The area in ward C145, Sadh Nagar, Palam was in his jurisdiction. In the month of February 2012, during inspection it was found that the property E9, Sadh Nagar in between property WZ54 and WZ50 and in front of property WZ127, there was deviation and excess coverage during the State Vs. Mool Chand FIR No. 326/12 PS Palam Village Case No. 511/2 Page no. 3 of 7 State v/s Mool Chand FIR No.326/12 PS Palam Village construction of the second storey of the property E9. He prepared report already Ex. P6 for issuing the show cause notice on 13.02.2012 and a show cause notice Ex. P9 was issued and a copy of which was pasted at site. No reply was received thereafter. He prepared the report for issuing sealing order already Ex. P7 . A ceiling order Ex. P8 was issued and the property was sealed by Rajender Meena on 29.03.2012. Proceeding for demolition were also initiated simultaneously. Copy of the FIR is Ex. P1 and the copy of the show cause notice is Ex. P2 having his report from A to A1 regarding the pasting of notice at the site and the copy of permission for demolition is Ex. P3 and copy of demolition notice is Ex. P4 and copy of permission for demolition order is Ex. P5. The name of the owner of the property was Mool Chand.
6. PW4 Sh. Rajender Meena deposed that on 21.03.2012, he was posted as JE Building at Najafgarh Zone. On that day, he along with the MCD labour had sealed the property No. E9(between WZ50 & WZ54) in front of WZ127 Sadh Nagar, with the assistance of police from PS Palam Village. He prepared his report from A to A1 on already Ex.P7 bearing my signature at point A.
7. PW5 ASI Jagdish Rathi deposed that he was the Duty Officer at the relevant time who proved the FIR no.326/12 as Ex. PW5/A and he also made his endorsement Ex. PW5/B. State Vs. Mool Chand FIR No. 326/12 PS Palam Village Case No. 511/2 Page no. 4 of 7 State v/s Mool Chand FIR No.326/12 PS Palam Village
8. PW6 Constable Raghubir Singh deposed that on 27.11.2012, he was posted at PS Palam Village as Ct. On that day, he was on duty in beat no. 7, Sadh Nagar, Palam Colony and at around 6.15PM, he was present at Ram Chowk, Sadh Nagar on patrolling and HC Kartar Singh met him and he apprised him about the facts of the case and thereafter, he along with him went to WZ54, Gali No.2, Sadh Nagar, Palam, where accused Mool Chand met on the gate of the house and HC Kartar Singh inquired from him about the Mool Chand and he told him that he was Mool Chand and thereafter, HC Kartar Singh inquired him about the case and he accepted his guilt and thereafter, HC Kartar Singh arrested him vide arrest memo Ex.PW6/A and recorded his disclosure statement Ex.PW6/B. Mool Chand had produced the photocopies of documents relating to the property which were taken into possession by IO HC Kartar Singh through seizure memo Ex.PW6/C. Accused was released on bail at the spot. His statement was recorded by the IO. PW6 correctly identified the accused.
9. PW7 HC Kartar Singh deposed that on 27.11.2012, he was posted at PS Palam Village as HC and on that day, after the registration of present case, DO handed over to him original complaint and computerised copy of FIR as investigation was marked to him. Thereafter, he went to Ram Chowk, Sadh Nagar, where beat constable Raghubir met and he apprised him about the facts of the case. Thereafter, he along with him went to WZ54A, Gali No.2, Sadh Nagar, State Vs. Mool Chand FIR No. 326/12 PS Palam Village Case No. 511/2 Page no. 5 of 7 State v/s Mool Chand FIR No.326/12 PS Palam Village Palam, where one old person met at the gate of the house and he asked about the owner of the property and he told that he was the owner of the property and his name was revealed as Mool Chand. He inquired him about the case and he accepted his guilt. He produced photocopies of the documents relating to the property which were seized by me through seizure memo already Ex.PW6/C and thereafter he arrested him vide arrest memo Ex.PW6/A. He recorded his disclosure statement Ex.PW6/B. Accused was released on bail at the spot. During the investigation, he collected the photocopies of the documents relating to the sealing from the MCD, which were taken into possession vide seizure memo Ex.PW1/A. He recorded the statements of the MCD officials. He had also prepared the site plans of the property Ex.PW7/A & Ex.PW7/B. He had also obtained the complaint u/s 195 Cr.P.C. mark C and after the completion of investigation, he prepared the challan and filed the same in the Court through SHO.
Conclusion
10. The facts which are emerged from the testimony of witnesses who deposed before the Court that property number 53 & 54A Sadh Nagar, Palam Colony, New Delhi having portions partitioned to Mool Chand, Rameshwar, Hira Lal, Hans Raj and Desh Raj. All theses persons are in possession along with accused herein. It cannot be said from the facts appearing on record that accused was in exclusive State Vs. Mool Chand FIR No. 326/12 PS Palam Village Case No. 511/2 Page no. 6 of 7 State v/s Mool Chand FIR No.326/12 PS Palam Village possession of the property in question and also in control of the complete property. Further, complaint of breaking of seal was reported to be in E9 between WZ54&50. However, the seizure memo of the property documents reveals that accused is having a partitioned share in the property WZ53&54A which do not link with the sealing order issued by Deputy Commissioner of MCD. No witness has specifically stated that property belongs to accused for which sealing order is passed. However, accused is stated to be in possession of different property as per sealing order filed by the IO. In view of the same, Statement of accused u/s 313 Cr.P.C. is dispensed with as nothing incriminating has surfaced against the accused. Accordingly, accused Mool Chand is acquitted for the offence charged for. He has furnished bail bond in s sum of Rs. 10,000/ in terms of Section 437A of Cr.P.C. Same are accepted. His previous bail bonds are cancelled.
File be consigned to the record room.
Announced in the Open Court (Dr. PANKAJ SHARMA)
today the 3rd day of March 2015 MM 01: Dwarka : Delhi
State Vs. Mool Chand
FIR No. 326/12
PS Palam Village
Case No. 511/2 Page no. 7 of 7