* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 24^th January, 2025 Pronounced on: 21^st April, 2025 + CRL.M.C. 3859/2017 RAJAT PANDHI .....Petitioner S/o Late Wing Commander (Retired)

Ranbir Pandhi, R/o 38, Manu Apartment, Mayur Vihar, Phase-I, New Delhi - 110091 Through: Mr. Randhir Kumar & Mr. Keshav Pandey, Advocates Versus

1. THE STATE .....Respondent No. 1 2. SH. VIRENDRA KAWLRA .....Respondent No. 2 S/o Late Sh. H.R. Kawlra R/o Hans Niwas, 1606, Madarsa Road, Kashmere Gate, Delhi – 110006

3. SH. RAKESH VERMA .....Respondent No. 3 R/o Flat No. 365, SFS Flats, Type III, Pocket E, Mayur Vihar, Phase II, Delhi.

4. DELHI DEVELOPMENT AUTHORITY .....Respondent No. 4 Through its Deputy Director SFS (H)

D-Block, 3^rd Floor Vikas Sadan, INA, New Delhi - 110023 Through: Ms. Swati Bansal & Mr. R.

Rangarajan, Advocate for Respondent No.2 Signature Not Verified CRL.M.C. 3859/2017 Page 1 of 13 Digitally Signed Mr. Shaju Francis, Advocate for Respondent No.3 Ms. Manika Tripathi, Standing Counsel for Respondent No.4 CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. The present Petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’) has been filed on behalf of the Petitioner, Mr. Rajat Pandhi, to challenge the impugned Order dated 07.09.2015 dismissing the Application of the Petitioner under Section 156(3) CrPC of learned the CMM, Delhi which has been upheld by the learned ASJ, Delhi on 06.09.2016 in Complaint Case No. 119/2014.

2. Briefly stated, Ms. Sumitra Kawlra (now deceased in 2009) was allotted Flat bearing No. 365, SFS, Cat-III, BLK/PKT-E, Mayur Vihar, Phase-II, Delhi under Self Financing Housing Scheme for retired Government Servant under Disabled Category on the basis of draw of plots held by the DDA on 11.08.1989. She deposited the entire cost of Rs.

2,74,914/- in DDA and completed all other formalities by 12.12.1989.

3. The Allottee/Ms. Sumitra Kawlra sought to exchange the allotted Flat with one in Vasant Kunj, but her request was declined. Her Writ Petition filed in the High Court of Delhi to seek the exchange of Flat also got listed on 09.05.1996. Signature Not Verified CRL.M.C. 3859/2017 Page 2 of 13 Digitally Signed

4. Thereafter, she appointed Mr. Mohinder Nath Kawlra, her brother (who was PIO residing in the USA) as her attorney vide GPA and a Will dated 19.08.1996, bequeathing the flat to him.

5. In terms of the GPA, Mr. Mohinder Nath Kawlra appointed his brother, Late Air Vice Marshal S. N. Kawlra as his attorney to do the needful for getting possession of the subject Flat for and on behalf of Ms. Sumitra Kawlra, the original allottee. According to the Petitioner, thereafter on 28.05.1997, Mr. S.N. Kawlra, as GPA Holder of Mr. Mohinder Nath Kawlra, got a Conveyance Deed executed in the name of Mr. Mohinder Nath Kawlra, after depositing the requisite stamp duty on 28.05.1997.

6. Mr. S.N. Kawlra died in the year 2000 and left the documents of the property with a common friend.

7. Sh. Mohinder Nath Kawlra asserted that he having turned 80 years, returned back to India with intent to spend his last days amongst his people/relatives. To his utter shock, he was denied access to his father’s house at 1606, Kashmere Gate, Delhi, by his brother, Mr. Virender Kawlra, who claimed that their father had disinherited him from the property. The Complainant then filed a Suit before this Court and ad Interim Injunction was granted on 26.03.2012 restraining Mr. Virender Kawlra, from creating third party rights in the said property.

8. The Complainant’s father Sh. Sh. Mohinder Nath Kawlra then started looking for a Flat for his accommodation. He also took out his documents pertaining to the subject Flat. He then came to know that some unknown persons, namely Mr. Rakesh Verma and Ms. Sunita Verma, were residing in the Flat in question, who refused to answer the queries convincingly.

Signature Not Verified CRL.M.C. 3859/2017 Page 3 of 13 Digitally Signed

9. The Co