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2012 Supreme(Del) 1473

M.L.MEHTA
Inderpal Singh – Appellant
Versus
State – Respondent


Advocates appeared:
For the Appellants:Siddharth Bambha, Advocate.
For the Respondents:R1 - Ms. Fizani Husain, APP., R2 - Sunil Ahuja, Advocate.

Judgment :-

M.L. MEHTA, J.

1. The petitioner filed this petition under Section 482 CrPC seeking assailing the order dated 15.12.2008 of the SDM, Karol Bagh, New Delhi under Section 145 CrPC.

2. The facts necessitating the disposal of the present petition are that a Kallandra under Section 145 CrPC was presented by the SHO, DBG Road to SDM on 23.5.2000 alleging the apprehension of breach of peace in respect of property bearing No. F-22, DBG Market, Karol Bagh regarding which both, the petitioner as well as the respondent No. 2 Sanjeev Hans were claiming to be in possession based on certain documents. Both the parties were leveling allegations against each other. The respondent No. 2 Sanjeev Hans assailed the said Kallandra by filing Crl.M.(M). 2490/2000 in this court, wherein the following order came to be passed:

“The only grievance of the petitioner at this stage when the kalandra has been sent by the SHO to the SDM for conducting of the proceedings under Section 145 CrPC is that the SHO has requested the SDM to return the findings as to the ownership and possession of the property over which different claimants are staking their claim. Since scope of Section 145, CrPC is limite




















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