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Showing contexts for: KALANDRA in Shobik Gupta vs . State & Anr. on 20 December, 2021Matching Fragments
1. By way of present judgment, this court shall conscientiously adjudicate upon criminal revision petition under section 397 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") filed by the revisionist against the orders dated 18/06/2021 and 30/06/2021 (hereinafter referred to as 'impugned orders') passed by Ld. Special Executive Magistrate, Central District, Delhi, in DD No. 30A dated 05/06/2021 PS D.B.G. Road.
In the present revision petition, the revisionist has prayed to set aside the orders dated 18/06/2021 and 30/06/2021 passed by the Ld. Special Executive Magistrate and also prayed to setaside notices dated 21/06/2021 and 30/06/2021 u/s 107/150 Cr.P.C. and 107/111 Cr.P.C. respectively issued to the revisionist by Ld. Special Executive Magistrate and also prayed to setaside the Kalandra u/s 107/150 Cr.P.C. filed against the revisionist before the Ld. Special Shobik Gupta Vs. State & Anr.
No.2 took advantage of his own wrongs and filed false and fabricated complaints to the police. An FIR dated 02/06/2021 u/s 448/506/34 IPC was registered at PS D.B.G. Road by respondent No.2 wherein it was alleged that the revisionist threatened the staff to forcibly enter the property, criminal trespass, breach of peace and causing damage to the property. A kalandra was filed against the revisionist and Sh. Sunil Taneja before the Ld. Special Executive Magistrate, Central District and the impugned Notice dated 21/06/2021 was issued to the revisionist. Being aggrieved, the revisionist has filed the present revision petition seeking quashing of the Notice and the kalandra u/s 107/150 Cr.P.C. against the revisionist. The revisionist has not filed any other petition/ application seeking similar relief before the Hon'ble Supreme Court of India or Hon'ble High Court or any other Court parallel to this Court.
3. The revisionist has challenged the impugned orders on the grounds, as mentioned in the present revision petition.
Grounds of revision The impugned orders are contrary to the law and impugned Notices have been issued by the Ld. Special Executive Shobik Gupta Vs. State & Anr.
Magistrate without application of mind. The opinion was formed by the Ld. Special Executive Magistrate without any material against the revisionist. The impugned order dated 18/06/2021 was passed against the provisions of Section 111 and 114 Cr.P.C. as the copy of the order u/s 111 Cr.P.C. was not accompanied with the impugned notice and the same was passed only on 30/06/2021. The entire case against the revisionist is motivated and the investigation was conducted in a biased and guided manner. Impugned orders are bad in the eyes of law as the Ld. Special Executive Magistrate failed to appreciate that the Kalandra itself was bad in the eyes of law as Kalandra could not have been registered in relation to acts for which an FIR dated 02/06/2021 u/s 448/506/34 IPC was already registered at PS D.B.G. Road.
5. By way of present revision petition, the revisionist has challenged the orders dated 18/06/2021 and 30/06/2021 passed by the Ld. Special Executive Magistrate. The impugned orders are reproduced as under: "18.06.2021 EO has appeared along with Kalandra before me. I heard the version of EO and I have also gone through the content of Kalandra. I find satisfied to initiate further because there is every chance of likelihood of apprehension of breach of peace. The Kalandra was admitted. Notices to be issued to the respondents attend this court on 30.06.2021 in person."