Delhi High Court - Orders
Amrit Deep Singh vs State Govt Of Nct Of Delhi & Anr on 27 September, 2022
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4941/2022 & CRL.M.A. 19793/2022
AMRIT DEEP SINGH ..... Petitioner
Through: Mr. Sunil Dalal, Senior Advocate
with Mr. Gaurav Seth, Mr. Vipin
Malik, Ms. Manisha Saroha and
Ms.Payal, Advocates.
versus
STATE GOVT OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr. Hemant Mehla, APP for State
with SI Mandeep Kumar, P.S. Kirti
Nagar.
CORAM:
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 27.09.2022 CRL.M.A. 19794/2022 (exemption)
1. By way of this application, the petitioner is seeking exemption from filing the certified and legible copies of annexures.
2. The application is allowed and accordingly disposed of. CRL.M.C. 4941/2022 & CRL.M.A. 19793/2022
3. The present petition is filed under section 482 Cr.P.C. for quashing of kalandra dated 05.09.2022 vide DD bearing No. 93 registered at P.S. Kirti Nagar and notice dated 07.09.2022 issued in pursuance of said kalandra by Sub Divisional Magistrate (SDM), Rajouri Garden.
4. Issue notice.
5. Mr. Hemant Mehla, Additional Public Prosecutor assisted by Investigating Officer SI Mandeep Kumar, P.S. Kirti Nagar accepts notice on behalf of the State/respondent no. 1.
6. The learned senior counsel for the petitioner stated that the kalandra Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:06.10.2022 11:46:13 in question issued by the concerned SDM does not reflect any breach of peace at the spot as per the mandate of section 145 Cr.P.C. The concerned SDM has issued the kalandra in question without application of mind. During the course of arguments, the counsel for the petitioner referred the judgments titled as Narayan Kumar V State & Anr. in CRL.M.C. 2454/2013 decided on 03.07.2015 and Murari Mirchandani V State and Ors. in CRL.M.C. 2611/2021 decided on 02.06.2022 passed by another Co- ordinate Bench of this Court. The relevant portion of the judgment titled as Narayan Kumar V State & Anr. is reproduced as under:-
7. To initiate a proceeding under Section 145 of the Code, what is required is that there should be a likelihood of breach of peace because of the dispute and that the Magistrate ought to be satisfied from the materials on record, which could be the police report or any other information, that such emergency exists.
7. The present petition is disposed of with the direction to the concerned SDM to decide the kalandra strictly within the mandate of section 145 Cr.P.C. and after considering whether there is any actual breach of peace at the spot or not.
8. The copy of this order be given dasti.
9. The petitioner shall be at liberty to initiate appropriate legal proceedings in case the petitioner is aggrieved by any proceedings or order conducted or passed by the concerned SDM.
SUDHIR KUMAR JAIN, J SEPTEMBER 27, 2022/N/SD Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:06.10.2022 11:46:13