2008 Supreme(Del) 263
2008 CRI. L. J. 3266
SHIV NARAYAN DHINGRA, J.
Purshottam Ramnani
Versus
Govt. of NCT of Delhi, and Ors.
W.P. (Cri) No. 1392 of 2007
Decided On: 28 -2 -2008.
M. N. Srivastava, for Petitioner; Ms. Rajdipa Behura, for Respondents.
Headnote:Criminal Procedure Code, 1973
Section 145 - If on being threatened of forcible dispossession, a person calls police, he does not commit breach of peace--If informing authorities is breach of peace, then people better settle their dispute without seeking police help--Commissioner of Police directed to initiate proceedings against he erring police officials, who deliberately invoked Section 107/151 Cr.P.C. in an illegal manner in a property dispute where Section 145 Cr.P.C. was to be invoked and wrongly confined Petitioner first in the Police Station and then in the jail--Token damage of Rs. 50,000/-awarded to the Petitioner for wrongful confinement.
ORDER :- This writ petition under Article 226/227 of the Constitution of India read with Section 482, Cr. P.C. has been filed by the petitioner with following prayers :
(a) issue an appropriate writ, order or direction to the respondents No. 2 and 3 not to obstruct/restrain the petitioner from visiting flat No. 53, Swastik Kunj, Plot No. 29, Sector-13, Rohini, Delhi;
(b) issue appropriate writ, order or direction to the respondents No. 2 and 3 to register the complaint dated 7-9-2007 of the petitioner addressed to DCP (North West);
(c) issue appropriate writ, order or direction by quashing the proceedings under Sections 107/151 of the Code of Criminal Procedure initiated against the petitioner at the instance of respondents No. 4 and 5;
(d) issue appropriate writ, order or direction against respondents No. 1 to 3 to award damages to the petitioner for having been illegally sent to jail at the instance of respondents No. 4 and 5;
(e) Award costs in favour of the petitioner and against the respondents; and
(f) Pass such other and further order (s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
2. The petitioner has contended that he knew one Mr. Raj Kumar Bansal and his wife Urvashi Bansal (Respondent No. 4). Mr. Raj Kumar Bansal requested him for financial help and the petitioner extended all financial help to him from time to time. Mr. Raj Kumar Bansal used to repay the loan to the petitioner. Mr. Raj Kumar Bansal and Urvashi Bansal had no child and they adopted a baby girl Neelambri Bansal. They invested money to purchase three flats numbers 1, 53 and 198 in Swastik Kunj, Sector-13, Rohini, Delhi between 10-3-1995 to 29-12-1995. The petitioner had started the business of construction and developing of buildings by that time and he renovated and decorated Flat No. 1, Swastik Kunj at the request of Mr. Raj Kumar Bansal. Quarrels started between Mr. Raj Kumar Bansal and his wife Urvashi Bansal. The petitioner in order to help them, renovated the second flat No. 198, Swastik Kunj so as to rent it out and have some running income. The flat was let out to one Shri Ramesh Kumar at the monthly rent of Rs. 7,000/- per month.
3. In March 2000, due to the strained relations, Urvashi Bansal was turned out by her husband Mr. Raj Kumar Bansal from flat No. 1, Swastik Kunj and she started living with her mother. After being turned out she approached the petitioner and requested for financial assistance. Petitioner claims that he advanced a loan of Rs. 5 lac to her for renovation of 3rd flat i.e. flat No. 53, Swastik Kunj. She spent about Rs. 2.5 lac on the renovation of that flat and started living there. Thereafter, she started seeking financial help from the petitioner from time to time. Petitioner used to treat her as his sister. He advanced a fresh loan of Rs. 10 lac to her and assisted her in the legal battle against her husband and also assisted her in continuation of studies of her adopted daughter. Since she could not repay the loan availed from the petitioner, she executed a power of Attorney in petitioner's favour in respect of flats No. 1 and 198, Swastik Kunj, Sector-13, Rohini and confirmed that so long as the loan taken by her was not returned, the petitioner could retain the Power of Attorney of the two flats. She handed over the vacant physical possession of flat No. 198, Swastik Kunj to the petitioner. She then asked the petitioner to shift to flat No. 53, Swastik Kunj and both started living in same flat. The petitioner claims that he disposed of his father's flat No. B-144, Karam Pura, Delhi and started living with respondent No. 4 at 53, Swastik Kunj since May, 2003. He also advanced another loan of Rs. 8 lac to her and in lieu of that respondent No. 4 handed over all the original documents pertaining to flat No. 53, Swastik Kunj to him and also executed an undertaking in his favour affirming that she will repay the loan amount along with interest within a span of five years an