Delhi District Court
State vs Sanjeet Kumar Etc on 15 November, 2014
State v/s Sanjeet Kumar etc
FIR No.151/12
PS Palam Village
IN THE COURT OF SH. PANKAJ SHARMA,
METROPOLITAN MAGISTRATE01, DWARKA COURTS, DELHI
Brief reasons for the judgment in the case with following particulars:
FIR No. 151/12
PS: Palam Village
U/S :188 IPC
State V/S Sanjeet Kumar etc
C No. 409/2
U.ID No 02405R0261152012
Date of Institution: 05.11.2012
Name of the Complainant Sh. B.B. Aggarwal,
Executive Engineer,
Building, MCD
Nazafgarh Zone.
Name and address of accused (1) Sanjeet Kumar
s/o Sh. Karan Singh,
r/o H. No. 452, Bagri Mohalla
Bharthal Village,
Delhi.
(2) Rajesh Kumar
s/o Sh. Satyavir Singh
r/o H. No. 238, Jogiyan Mohalla
Village Bhartal, Delhi.
(3) Raj Kumar
s/o Sh. Karan Singh
r/o H. No. 452, Bagri Mohalla
Bharthal Village,
Delhi.
Charge framed against accused u/s 188 IPC
Plea of accused persons pleaded not guilty
Final Order Acquittal
Date for announcing the orders 15.11.2014
Judgment
The brief facts and pre trial procedure
1.Charge u/s 188 IIPC was framed against the accused persons State Vs. Sanjeet Kumar etc FIR No. 151/12 PS Palam Village Case No. 409/2 n 1 of 6 State v/s Sanjeet Kumar etc FIR No.151/12 PS Palam Village that the property no. RZF768/22, Gali No.8, Raj NagarII, Palam, New Delhi within the jurisdiction of PS Palam Village was sealed by Building Department of MCD Najafgarh Zone on 12.01.2012 and the seal affixed on the premises by Building Staff MCD Najafgarh Zone was reported to be tempered and they all accused were charged for offence u/s 188/34 IPC, to which accused persons pleaded not guilty and claimed trial.
Trial
2. To prove the charges, prosecution cited ten witnesses in the list of witnesses and examined all of them. The depositions of witnesses examined by prosecution are given hereunder:
3. PW1 B.B. Aggarwal deposed that on 01.12.2011 J.E. Naveen reported that some unauthorized construction are going on at property no. RZ F 768/22, Gali No. 8, Raj Nagar, Part II. PW1 deposed that after taking the due permission from Deputy Commissioner, Building Department Najafgarh and show cause notice was issued to the owner of above said property RZ F 768/22, Gali No. 8, Raj Nagar, Part II but no reply was obtained from the owner of the above said property and after taking permission from DC, the above said building was sealed on 12.01.2012. PW1 deposed that after receiving the complaint of JE concerned the seal has been tempered or broken, he gave a complaint to the police on 30.05.2012 for necessary action which is Ex. PW1/A bears his signature at point A.
4. PW2 Vijay Kumar Meena deposed that on 12.01.2012 property no. RZ F 768/22, Gali no. 8, Raj Nagar, PartII was sealed by the then JE Rajender Meena. PW2 deposed that on 30.05.2012 the seal (s) affixed on the said premises was found broken/tempered and on 01.06.2012 the said property was resealed by him. PW2 further brought the original file before the Court relating to the sealing/resealing of the property RZ F 768/22, Gali NO. 8, Raj Nagar, PartII and photocopy of the approval for show cause notice is now Ex. PW2/A, photocopy of the approval order of sealing order and resealing order is Ex.PW2/B, copy State Vs. Sanjeet Kumar etc FIR No. 151/12 PS Palam Village Case No. 409/2 n 2 of 6 State v/s Sanjeet Kumar etc FIR No.151/12 PS Palam Village of the sealing order dated 12.01.2012 is Ex. PW2/C, photocopy of the show cause notice is Ex. PW2/D, photocopy of FIR Building Department MCD is Ex. PW2/E, photocopy of show cause notice for demolition is Ex. PW2/F, photocopy of letter to SHO for action against unauthorized construction is Ex. PW2/G.
5. PW3 SI Shanti Prakash depoesd that on 10.06.2012 he was posted as DO at PS Palam village with duty hours since 04.00 PM to 12.00 mid night and on the said day SI Birender presented a complaint endorsed by him for registration of the FIR at about 07.00 PM and on the basis of said complaint he recorded the FIR 151/12 u/s 188 IPC and computerized copy of the same is Ex.PW3/A bearing his signatures at point A. PW3 deposed that he also made his endorsement on the complaint which is Ex. PW3/B bears signature at point A and the copy of FIR and original complaint were given to HC Satyawan for further investigation.
6. PW4 A.K. Mittal deposed that on 07.12.2011 he was posted as Superintendent Engineer, Najafgarh Zone MCD and on that day the concerned JE Building had presented report regarding the unauthorised construction at the property adjacent to RZ F 768/22, Gali no. 8, Raj Nagar, PartII, New Delhi through AE & EE Building Najafgarh Zone and he had forwarded the same for approval of Deputy Commissioner. The report is already Ex. PW2/A bearing his signature at point A.
7. PW5 ASI Onkar Singh deposed that on 12.01.2012, he was posted at PS Palam Village as ASI and on that day he along with police staff has accompanied JE Vijay Meena and other MCD Staff, Building Department, Najafgarh Zone for the sealing programme and on that day the property adjacent to RZF 768/22, Gali no. 8, Raj NagarII was sealed by the JE and he had prepared the memo regarding the same which is already Ex. PW2/B bearing his signature at point A.
8. PW6 Rajesh Arora deposed that in the year 2011, he was posted as AE building MCD Zone Najafgarh and the file for the show cause State Vs. Sanjeet Kumar etc FIR No. 151/12 PS Palam Village Case No. 409/2 n 3 of 6 State v/s Sanjeet Kumar etc FIR No.151/12 PS Palam Village notice for sealing of the property in Ward No. 142, at property adjacent to RZF768/22, Gali NO. 8, Raj NagarII, New Delhi under section 345A DMC Act was forwarded by him on 02.12.2011, which is already Ex.PW2/A and bearing his signatures at point B. PW6 further deposed that on having received no reply against the above mentioned show cause, the file for signing of the sealing order was moved by his junior engineer on 16.12.2011 which was also forwarded by him for sealing order, which is already Ex.PW2/B bearing his signature at point B.
9. PW7 Nooruddin deposed that in the year 2011, he was officiating as Executive Engineer building MCD Zone Najafgarh and the file for the show cause notice for sealing of the property in Ward No. 142, at property adjacent to RZF768/22, Gali NO. 8, Raj NagarII, New Delhi under section 345A DMC Act was forwarded by him on 02.12.2011, which is already Ex.PW2/A and bearing his signatures at point C. PW7 further deposed that on having received no reply against the above mentioned show cause, the file for signing of the sealing order was moved by his junior engineer on 16.12.2011 which was also forwarded by him for sealing order, which is already Ex.PW2/B bearing his signature at point C.
10. PW8 Sh. C.R. Garg deposed that in the year 20112012, he was posted as DC, MCD Najafgarh Zone and the sealing order and show cause notice u/s 354A of DMC Act were issued against the owner/builder of the property adjacent to RZF768/22, Gali No.8, Raj Nagar PartII, New Delhi after the report regarding unauthorised construction/work placed before him by the concerned JE. PW8 further deposed that he had signed the show cause notice and sealing order and the same are already Ex.PW2/C & Ex.PW2/D which bear his signatures at point A.
11. PW9 HC Harphool Singh deposed that on 20.06.2012, he was posted at PS Palam Village as HC and on that day he was marked further investigation of this case on the directions of SHO and he inspected the file and on 23.07.2012, he visited the office of MCD Building department, Najafgarh Zone and he recorded the statement of State Vs. Sanjeet Kumar etc FIR No. 151/12 PS Palam Village Case No. 409/2 n 4 of 6 State v/s Sanjeet Kumar etc FIR No.151/12 PS Palam Village JE Vijay Meena, AE Nuruddin, SE A.K. Mittal, B.B. Aggarwal Executive Engineer, DC C.R. Garg and AE Rajesh Arora and collected the photocopies of the documents relating to the sealing of property adjacent to RZF768/22, Gali No.8, Raj Nagar PartII, in ward no.142, which are already Ex.PW2/A to Ex.PW2/G and on 02.08.2012, he recorded the statement of ASI Onkar Singh, who had accompanied the MCD staff in sealing and he made inquiry about the owner of the property/building from the previous owner Sunita Sharma and came to know that the present owner of the property were Sanjeet Kumar, Rajesh Kumar and on 16.08.2012, all the three persons namely Sanjeet Kumar, Raj Kumar and Rajesh Kumar were called at the PS and he made inquiries from them and they produced the sale deed mark X to me and thereafter, he arrested Sanjeet Kumar, Raj Kumar and Rajesh Kumar vide arrest memo Ex.PW9/A, Ex.PW9/B & Ex.PW9/C all bearing his signatures at point A and their personal search were carried out vide memo Ex.PW9/D, Ex.PW9/E & Ex.PW9/F all bearing his signature at point A and they were released on bail. PW9 deposed that he also applied for the complaint u/s 195Cr.P.C. and after obtaining the complaint u/s 195 Cr.P.C., he filed the challan in the Court and the complaint u/s 195 Cr.P.C. is mark X1.
12. PW10 Sh. S.C Yadav Deputy Commissioner deposed that the property adjacent to RZF768/22, Gali No.8, Raj NagarII was sealed on 12.01.2012 by the field staff of building department Najafgarh Zone with the police assistance from PS Palam Village and the seal affixed on the aforesaid premises were reported to be broken/tempered in violation of the provision of DMC Act 1957 by the owner/occupier/builder of the aforesaid property and a complaint dated 30.05.2012 was lodged by Sh. B.B. Aggarwal the then Executive Engineer, Building Department Najafgarh Zone and the present FIR was registered on the said complaint and PW10 deposed that he has forwarded the complaint u/s 195 Cr.P.C. which bears his signature at point A and the same is Ex.PW10/A. State Vs. Sanjeet Kumar etc FIR No. 151/12 PS Palam Village Case No. 409/2 n 5 of 6 State v/s Sanjeet Kumar etc FIR No.151/12 PS Palam Village Conclusion In this case, the testimony of PW2 Vijay Kumar Meena is very important. He is the one who reported the tempering of the seal. His testimony does not reveal that he saw any of the accused persons opening the seal or tempering the seal. He only found the seal tempered and reported the same to his senior and thereafter FIR was registered against the accused persons. No direct evidence is on record showing the complicity of any of the accused persons in the alleged crime and no evidence is on record which could relate the accused persons with the alleged crime. Neither ocular evidence nor any documentary evidence is on record to show that accused persons have committed this crime. The entire evidence does not show any incriminating evidence against the accused persons. Accordingly statement of accused persons is dispensed with and accused persons are acquitted for the offence charged for. Accused persons are directed to furnish PB & SB in a sum of Rs. 25,000/ each in terms of Section 437A of Cr.P.C. Same are furnished and accepted. File be consigned to the record room.
Announced in the Open Court (PANKAJ SHARMA)
today the 15th day of November, 2014 MM 01: Dwarka : Delhi
State Vs. Sanjeet Kumar etc
FIR No. 151/12
PS Palam Village
Case No. 409/2 n 6 of 6