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2015 Supreme(Del) 1529

SURESH KAIT
Anil Sharma – Appellant
Versus
State (Government of NCT of Delhi) – Respondent


Advocate Appeared:
For the Petitioner:Mr. Sameer Chandra, Mr. Kuldeep Singh, Mr. Rajesh Kaushik and Mr. Zubair Raza, Advocates.
For the Respondent: Mr. Ravi Nayak, APP for State with S.I. Krishan Gopal, P.S. Palam Village.

JUDGMENT

SURESH KAIT, J.

1. Vide the present petition, petitioner seeks directions thereby quashing the impugned order dated 31.01.2015 passed by Ld. MM-01, Dwarka Courts, New Delhi in the case titled as Anil Sharma vs. Kapil Sharma and Another, thereby dismissing the application of the petitioner filed under Section 156 (3) Cr. P.C. and directed him to lead pre-summoning evidence in the case.

2. The facts of the case are that on 15.09.2014, when the petitioner/complainant returned back after meeting his tenant, who are residing at WZ-10, Gali No. 16, Sadh Nagar, Palam Colony, New Delhi, he noticed that the seal of the five electricity meters installed at each floor of his house were broken. Then he watched the CCTV footage and found that on 05.09.2014 at about 14:52 hrs. respondents nos. 2 and 3 forcibly entered his house, broken the seals of all the five electricity meters and tried to take way the same forcibly.

3. Thereafter, complainant filed a complaint vide DD No. 58 B on 16.09.2014 against the aforesaid respondents with P.S. Palam Village. However, the said Police Station did not register the case on the ground that respondent nos. 2 and 3 committed offence punishable under















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