Delhi District Court
Arvind Kumar Gulati vs . Som Pal & Ors. on 27 August, 2008
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IN THE COURT OF SH. RAJ KUMAR:MM
KARKARDOOMA COURTS / DELHI
Arvind Kumar Gulati Vs. Som Pal & Ors.
CC No. 175/08
P.S. Krishna Nagar
U/s : 420/468/471/120-B & 156(3) Cr.P.C.
ORDER
1. Vide this order, I shall dispose of the complaint filed by the complainant 420/468/471/120-B IPC accompanying by application u/s.156(3) Cr. P. C..
2. The crux of the allegations as levelled in the present complaint by the complainant is that he is the owner of the premises bearing no.F-2/9, Krishna Nagar, Delhi and property bearing no. Ex Act-17/12, Krishna Nagar, Delhi. It has been submitted by the complainant that he got married with accused no. 6 on 04.05.2001 and all the expenses were born by the complainant. It has been submitted that accused no.6 alongwith her parents started harassing the complainant in order to grab his properties. It has been alleged that the complainant was attacked by some un-identified persons on 26.02.2002 at the behest of his father-in-law and accused no.6 as a result of which the complainant had to leave his house on 27.02.2002. It has been submitted that the complainant has filed a petition under Hindu Marriage Act against accused no.6 and accused no.6 has filed a civil suit for injunction against the complainant on 19.06.2002. It has been alleged that accuse no.6 alongwith her parents forged a will allegedly executed by the deceased sister of the complainant in favour of accused no.6 on 16.03.2000. It has been submitted Arvind Kumar Gulati Vs.Som Pal & Ors. CC no.175/08 2 that sister of the complainant had never met accused no.6 and her parents and so the question of executing the will in their favour did not arise at all. It has been submitted that the properties of the complainant are more than two crores and number of people are having eye over the said properties and want to grab the same. It has been alleged that the accused persons hatched a deep rooted conspiracy as a result of which the complainant was falsely implicated in a case u/s.376 IPC, PS Pilkhua, Ghaziabad, UP. It has been alleged that when the complainant was in jail in the aforesaid case all the accused persons has forged the documents in regard to his property such as agreement to sell dt. 04.11.2004. It has been further alleged that accused no.2 through accused no.3 & accused no.4 filed a civil suit bearing no. 1659/05 for specific perforance of the alleged agreement to sell but the aforesaid suit was dismissed for non-prosecution by Hon'ble High Court of Delhi. It has been submitted that accused no.1 also filed a civil suit bearing no.187/05 for permanent injunction through accused no.3 & 4 on the basis of alleged rent agreement between accused no.1 to 6 in respect of property bearing no. F- 2/9, Krishna Nagar, Delhi. It has been submitted that the complainant was released from jail on 10.05.2007, he was surprised to see that Ld. SDM has passed an order dt. 15.05.2007 whereby his property was de-sealed and possession has been handed over to accused no. 1 without providing the complainant an opportunity of being heard on the basis of alleged agreement and the injunction order obtained by accused no.1 in collusion with accused no.3, 4 and 6. It has been alleged that the life of the complainant is in constant danger and despite various complaints to the police, the police failed to lode the FIR against the accused persons.
Arvind Kumar Gulati Vs.Som Pal & Ors. CC no.175/08 3
3. Complainant has filed on record certain documents listed as below :
i) complaint to commissioner of police dt. 31.05.2007
ii) photocopy of the suit for specific performance and permanent injunction filed before Hon'ble High Court of Delhi.
iii) photocopy of the agreement to sell
iv) photocopy of the suit for permanent injunction.
v) photocopy of the rent agreement.
vi) certified copy of the order passed by SDM
4. The Status Report has been filed on record by the SHO PS Krishna Nagar submitting therein that various civil matters are pending in various courts regarding the properties of the complainant.
5. I have carefully gone through the entire material on record and heard the submissions of Ld. Counsel for the complainant.
6. The complainant has himself submitted that various civil suits are pending in various courts regarding his properties bearing no. F-2/9, Krishna Nagar, Delhi and property bearing no. Ex Act-17/12, Krishna Nagar, Delhi. The only allegation of the complainant against the accused persons is that the accused persons have forged various documents in order to grab the properties of the complainant. The alleged forged documents are a subject matter of the dispute in various civil cases pending before various civil courts.
Till date none of the civil court has given any opinion on forgery or genuineness of the documents. In my considered opinion in such kind of situation when the alleged forged document are already the subject matter of Arvind Kumar Gulati Vs.Som Pal & Ors. CC no.175/08 4 dispute in the civil litigation pending before various courts and when the Ld. SDM has already released the property in favour of accused no.1 and when none of the civil court has given any opinion on forgery of documents it is not a appropriate stage to straight away direct the SHO PS concerned for lodging of the FIR. As such I hereby dismiss the application of the complainant u/s.156(3) Cr.P.C..
7. To come up for pre-summoning evidence at the instance of the complainant on 18.12.2008 Announced in the open court on 27.08.2008 ( RAJ KUMAR ) METROPOLITAN MAGISTRATE KARKARDOOMACOURTS:DELHI Arvind Kumar Gulati Vs.Som Pal & Ors. CC no.175/08 5 Arvind Kumar Gulati Vs. Som Pal & Ors.
CC No. 175/08P.S. Krishna Nagar U/s : 420/468/471/120-B & 156(3) Cr.P.C.
27.08.2008 Present: Complainant with counsel.
Vide separate order, the application u/s.156(3) Cr. P. C. is dismissed. However, if the complainant want to lead evidence to come up for pre- summoning evidence by the complainant on 18.12.2008.
MM/27.08.08 Arvind Kumar Gulati Vs.Som Pal & Ors. CC no.175/08 6 Arvind Kumar Gulati Vs.Som Pal & Ors. CC no.175/08