Delhi District Court
State vs Puneet Jain on 19 February, 2015
State Vs.Puneet Jain
FIR No. 166/11
PS Palam Village
Judgment dated 19.02.2015
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. 166/11
PS Palam Village
U/S : I88 IPC
State V/S Puneet Jain
C/No. 220/2
U.ID No. 02405R0102762012
Date of Institution: 30.04.2012
Name of the Complainant Sh. J.B. Singh
Deputy Commissioner,
Najafgarh Zone,
Delhi.
Name and address of accused Puneet Jain
s/o Sh. Rajesh Jain
r/o House No. 1012,
Gali Jain Mandir Wali,
Najafgarh, New Delhi.
Charge framed against accused U/S 188 IPC
Plea of accused pleaded not guilty
Final Order Acquitted
Date of reserve for orders 19.02.2015
Date for announcing the orders 19.02.2015
C/No. 220/2 Page No. 1 of 7
U.ID No. 02405R0102762012
State Vs.Puneet Jain
FIR No. 166/11
PS Palam Village
Judgment dated 19.02.2015
JUDGMENT :
The brief facts and pre trial procedure
1. Charge u/s 188 IPC was framed against the accused that the property (UC of basement) in Gali No. 1, New Mahavir Enclave, in front of coed Secondary School owned by the accused within the jurisdiction of PS Palam Village was sealed by Building Department of MCD Najafgarh Zone on 19.11.2010 and the seal affixed on the premises by Building Staff MCD Najafgarh Zone was reported to be tampered/broken by the accused and thus he was charged for the offence u/s 188 IPC, to which he pleaded not guilty and claimed trial.
Trial
2. To prove the charges, prosecution has cited seven witnesses in the list of prosecution witnesses and examined all of them. PE stood closed on 19.02.2015.
3. PW1 Constable Jasbir Singh deposed that on 25.09.2011, he was posted at PS Palam Village as constable and on that day, he joined the investigation of this case with the IO SI Chand Singh and on that day, he along with the IO went to Gali No.1 Mahavir Enclave, Plot No.1, opposite Senior Secondary School, where accused Puneet Jain met them and he (accused) was inquired by the IO and thereafter he was arrested in the present case vide arrest memo Ex.PW1/A and his personal search was conducted vide memo Ex.PW1/B and the accused was released on police bail at the spot and his statement was recorded by the IO. PW1 correctly identified the accused.
C/No. 220/2 Page No. 2 of 7U.ID No. 02405R0102762012 State Vs.Puneet Jain FIR No. 166/11 PS Palam Village Judgment dated 19.02.2015
4. PW2 SI Shanti Prakash(DO) proved on record the FIR No. 166/11 and also endorsement on the rukka Ex. PW2/1.
5. PW3 Sh. J.B. Singh, Secretary Agriculture and Fisheries in Andaman & Nicobar Administration deposed that he made a complaint to Deputy Commissioner of police South West District Dwarka Sector 19 New Delhi for registration of FIR against the offenders for breaking/tempering of seals of MCD in property in front of Government Coed Senior Secondary School Gali No. 1, New Mahavir Enclave New Delhi, owned by Puneet Jain, which was sealed by building staff of MCD on 19.11.2010 and the said complaint is dated 30.05.2011 having reference no. D465/EE(B)NGC and same is Ex.PW3/1 bears his signature at point A and the said complaint was handed over to Narender Malik JE to be placed before Deputy Commissioner of police for further action.
6. PW4 Sh. Narender Malik, EE M1, West Zone deposed that on 30.05.2011, he took the photocopy of sealing order and note sheet dated 23.05.2011 by DC Najafgarh Zone regarding property in front of Government Coed Senior Secondary School, Gate No.1, New Mahavir Enclave, which property was already booked by office Circular no. 163/B/DC/Najafgarh dated 18.05.2011, was handed over to SI Chand Singh, which was kept by him for investigation and the photocopies of C/No. 220/2 Page No. 3 of 7 U.ID No. 02405R0102762012 State Vs.Puneet Jain FIR No. 166/11 PS Palam Village Judgment dated 19.02.2015 these documents were having his(PW4) signatures. He further deposed that he informed the IO that at that time when property was sealed JE Rajender Singh Meena was on duty in the said area and he(PW4) informed his Deputy Commissioner regarding tempering of the seal on the said property.
7. PW5 Sh. R.K. Meena, JE Building Department, Najafgarh Zone deposed that on 19.11.2010, he along with the staff of MCD and with police assistance had sealed the property in front of Government Co Ed School, Gali No.1, Mahavir Enclave, for unauthorised construction at the basement and the property was sealed at eight points by him and he had prepared his report mark C bearing his signature at point A, on issuance of sealing order.
8. PW6 retired SI Chand Singh deposed that on 20.06.2011, he was posted at PS Palam Village as SI. On that day, after the registration of FIR, DO handed over to him original complaint and computerised copy of FIR as further investigation was marked to him and he served the notice u/s 91 Cr.P.C. to the concerned official of MCD(Building) Najafgarh Zone for providing the documents relating to the sealing of the property and JE Narender Malik handed over to him the photocopies of the documents relating to the sealing proceedings which were taken into possession by him through seizure memo Ex.PW6/A and the documents are Ex.PW3/B, mark C1 to mark C11 and he prepared the site plan of the property Ex.PW6/B and thereafter on 25.09.2011, Puneet Jain was arrested vide arrest memo Ex.PW1/A and his personal search was carried out vide memo Ex.PW1/B and the accused was released on police bail. He further deposed that thereafter, C/No. 220/2 Page No. 4 of 7 U.ID No. 02405R0102762012 State Vs.Puneet Jain FIR No. 166/11 PS Palam Village Judgment dated 19.02.2015 he applied for the complaint u/s 195 Cr.P.C. to the Deputy Commissioner Najafgarh Zone and he received the complaint from the office of Deputy Commissioner, MCD Najafgarh Zone, which is Ex.PW6/C and he recorded the statements of witnesses during investigation and after the completion of investigation he prepared the challan and filed the same in the Court. PW6 correctly identified the accused.
9. PW7 Sh. Kulwant Singh, office Inchrage, Building Department, SDMC, Najafgarh Zone brought on record the original record as summoned regarding unauthorised construction/work by the owner/builder at property in front of Government Co Ed Secondary School, Gali No. 1, New Mahavir Enclave, New Delhi and proved on record the copy of the sealing order u/s 345A already Ex.PW3/B, copy of issuance of show cause notice is Ex.PW6/A, copy of noting for issuance of show cause notice is Ex.PW6/B, copy of issuance of sealing order is Ex.PW6/C, copy of noting for registration of FIR is Ex.PW6/D, copy of sealing order is Ex.PW6/E, copy of show cause notice is Ex.PW6/F, copy of FIR of MCD is Ex.PW6/G.
10. PW8 Sh. C.R. Garg the then Deputy Commissioner, Najagarh Zone deposed that on 11.04.2012, he was posted as Deputy Commissioner, Najafgarh Zone and he had forwarded the complaint (Ex.PW6/C bearing his signature at point A) u/s 195 Cr.P.C. in the present matter.
11. Statement of accused u/s 313 Cr.P.C. has been dispensed with since no incriminating evidence has surfaced against the accused.
C/No. 220/2 Page No. 5 of 7U.ID No. 02405R0102762012 State Vs.Puneet Jain FIR No. 166/11 PS Palam Village Judgment dated 19.02.2015 Conclusion After perusal of the testimony of all the witnesses, complicity of the accused herein has not been proved in the alleged offence. PW1 was the formal witness, who stated that he along with IO went to the spot, however, he was unaware of the name of the IO and later on told the name of the IO. PW2 proved the FIR. PW3 was the Deputy Commissioner, who made complaint to the DCP(SW) for registration of FIR for tempering of the seal of MCD. In his cross examination, he stated that in the sealing order, the complaint was addressed to Neeraj Jain. He further stated that he has no personal knowledge regarding tempering of the seal on the aforesaid property. PW4, who is the Executive Engineer, in his cross examination stated that he did not collect any document showing accused as owner/occupier of the said property. He also stated that sealing order is always addressed to the owner/occupier of the property. PW5 in his cross examination stated that he had not filed any document showing accused as owner/occupier of the property in question. PW6 is the IO of the case stated that he did not collect any document showing ownership of the property with Puneet Jain verified from Registrar Office. He stated that he verified ownership from the labourers working there and he did not know the names of persons from whom he verified the same. He did not give notice to any person whom he inquired during investigation. PW7 brought the original file from the MCD department and PW8 proved the complaint u/s 195 Cr.P.C.
12. After going through the entire evidence on record, this Court C/No. 220/2 Page No. 6 of 7 U.ID No. 02405R0102762012 State Vs.Puneet Jain FIR No. 166/11 PS Palam Village Judgment dated 19.02.2015 is of considered view that accused is not the owner/occupier of the property and even the IO and other witnesses could not say with conviction that accused is the owner/occupier of the property. Further, complaint addressed to Deputy Commissioner of MCD to police was in the name of Neeraj Jain. No credible evidence is on record to connect the accused with offence. In the absence of any incriminating evidence, statement of accused is dispensed with and accused is acquitted for the offence charged for.
Accused has furnished PB & SB in a sum of Rs. 25,000/ in terms of Section 437A Cr.P.C. Same are accepted.
File be consigned to the record room.
Announced in the Open Court (DR. PANKAJ SHARMA) th today on this 19 day of February MM 01: Dwarka : Delhi C/No. 220/2 Page No. 7 of 7 U.ID No. 02405R0102762012