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2. On 24.11.2017, Smt. Kiran Bala Sahay (Hereinafter referred to as 'the complainant') lodged a complaint with PS Burari, vide DD No. 45, against the petitioner, namely, Suryakant Sharma and his neighbour that they helped a tenant qua mezzanine floor of her building to steal her TATA Sky Set Top Box Umbrella while vacating his flat after 11.00 p.m. on 22.11.2017. In the said complaint, the complainant stated that she and her two daughters are Advocates and practicing law in Hon'ble Supreme Court of India. Her husband is receiving treatment from AIIMS. She is residing on 1 st Floor of H. No. 91, A-2 Block, Himgiri Enclave, Burari, Delhi-110084 (Hereinafter referred to as 'the building').

For that reason, the petitioner, namely, Suryakant Sharma knocked at her door in the night and threatened her that the complainant does not deserve to reside in the colony and she must sell her flat or follow his command and otherwise, it would be harmful for her. At that time, the complainant and the petitioner, namely, Suryakant Sharma were the only persons who had purchased flats and residing in the building.

4. The building has 8 flats. The petitioner, namely, Suryakant Sharma is representing himself as president of the building. The petitioner, namely, Suryakant Sharma and his neighbour helped a tenant qua mezzanine floor of the building to steal her TATA Sky Set Top Box Umbrella while he vacated his flats after 11.00 p.m. on 22.11.2017 in order to instill fear in the complainant and her family.

8. On 28.12.2017, the complainant made a complaint to DCP (North), Civil Lines, Delhi seeking direction to local police to take action against the petitioners. In the said complaint, she stated that on 23.09.2017, she informed SHO, PS Burari regarding damage caused to her water pipe. She stated that on 23.11.2017, she had informed local police that TATA Sky Set Top Box was stolen by a tenant with the help of the petitioners who vacated his flat in the mid night. She alleged that on 20.12.2017, her daughters came down stair on hearing sound of a hammer where the petitioners were present in the parking space with a crowd. The petitioners, namely, Suryakant Sharma and Anita Sharma stated that they will kill all of us.

11. On 01.10.2018, the trial Court directed registration of FIR on the application of the complainant under Section 156 (3) of the Cr.P.C.

12. On 09.12.2018, FIR No. 572/2018 was registered under Section 379/506 IPC at PS Burari.

13. After investigation, the petitioners were charge- sheeted for committing offences under Section 506/427/34 IPC.

Crl. Rev. No. 141/2021 Anita Sharma vs. State Page No. 6 of 28

14. SI Yogendra Kumar investigated the case. According to charge-sheet, the complainant stated that her TATA Sky Set Top Box Umbrella was not stolen and it is still with her. The complainant had stated that one tenant, namely, Praveen Kumar removed the said TATA Sky Set Top Box Umbrella inadvertently from the roof of the building as he was under the impression that it belonged to him. Thereafter, he returned TATA Sky Set Top Box Umbrella to the complainant and taken his TATA Sky Set Top Box Umbrella from the roof of the building. The charge-sheet states that during investigation from the complainant and her neighbours, it was found that no one had threatened the complainant and she made false allegations against the petitioner, namely, Suryakant Sharma and his neighbours. However, the petitioners threatened to kill the complainant and scratched her vehicle and damaged sewer pipe and therefore, the petitioners committed an offence under Section 506/427/34 IPC.