IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: January 29, 2025 Pronounced on: April 30, 2025 + W.P.(CRL) 1146/2016

1. RAM AVTAR S/o Shri Babu Ram R/o 4, Lal Bahadur Shastri Marg, Karawal Nagar, Delhi-110094.

2. DEVENDRA S/o Shri Babu Ram R/o 4, Lal Bahadur Shastri Marg, Karawal Nagar, Delhi-110094. .....Petitioners Through: Mr. Pankaj Kumar, Mr. Sandeep Kumar Singh, Mr. ShubhenduSazena and Mr. Anuvrat Singh, Advocates.

Versus

1. THE STATE

2. COMMISSIONER OF POLICE I.P. Estate, New Delhi

3. ASSISTANTCOMMISSIONER OF POLICE Police Station, Khajuri Khas Delhi

4. S.H.O.

Police Station, Khajuri Khas Signature Not Verified Signed By:VIKAS W.P.(CRL.) 1146/2016 Page 1 of 21 Delhi

5. CHANDRAVIR SINGH Investigation Officer Police Station, Khajuri Khas Delhi .....Respondents Through: Mr. Amol Sinha, Additional Standing Counsel (Crl.) for the State with Mr.Kshitiz Garg, Mr. Ashvini Kumar, Ms. Chavi Lazarus & Ms.

SanskritiNimbekar, Advocates CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. Writ Petition has been filed under Article 226 / 227 of the Constitution of India, read with Section 482 of the Code of Criminal Procedure 1973 (hereinafter referred to as “CrPC”) for setting aside proceedings in relation to Kalandra under Section 107/151 Cr.P.C., arising out of DD No. 11-A dated 24.12.2015, registered at Police Station Khajuri Khas, Delhi and consequential Order dated 17.02.2016 of the Special Executive Magistrate („SEM‟).

2. The case of the Petitioners is that they were wrongfully arrested on the basis of a false and fabricated Kalandra, initiated by one Mr. Bhim Sen with malicious intent, who sought to forcibly dispossess Petitioner No.1 from the subject plot. It is submitted that Respondent Nos. 2 and 3, the Commissioner of Police and the Assistant Commissioner of Police, acted Signature Not Verified Signed By:VIKAS W.P.(CRL.) 1146/2016 Page 2 of 21 in collusion with Bhim Sen and by abusing their official position, facilitated his illegal actions by wrongly arresting the Petitioners and initiating the proceedings under Sections 107/151 Cr.P.C.

3. To understand the assertions of the Petitioners, a brief reference be made to the factual background which has led to the registration of Kalandra. Briefly stated, the subject plot admeasuring1000 square yards, was originally owned by Pat Ram and his mother Banno Devi, who sold it to one Mr. Yashpal (s/o Bala Singh, r/o Jheel Karanja, Delhi) vide Receipt dated 12.11.1981. Mr. Yashpal, in turn, sold the plot to Jaswant Singh Dilawar and Sudarshan Kaur vide Receipt dated 12.04.1982. Thereafter, through an Agreement to Sell and General Power of Attorney (GPA), vacant possession was handed over to Rajbir Singh and Naval Singh on 16.06.1983, who in turn sold the Plot to Petitioner No. 1, Ram Avtar vide registered Sale Deed dated 21.05.1999, and also handed over the exclusive possession of the suit land which remained with him till 24.12.2015, when he was allegedly illegally disposed by Sh. Bhim Sen.

4. One Ran Singh, brother of Bhumidhar/ original owner Pat Ram, claiming ownership of the subject plot on the basis of revenue records, filed a Suit for Injunction against Ram Avtar and Bhim Sen, who projected his ownership on the basis of an Sale Deed dated 08.02.2005 and General Power of Attorney dated 09.01.2006, executed in his favour by Ran Singh and Legal heirs of Pat Ram.

5. The Petitioner asserted that Bhim Sen filed an FIR No. 1349/2015 under Sections 420/467/468/471/506/34 IPC Police Station Khajuri Khas, Delhi dated 11.12.2015 which was registered by the police officials under Signature Not Verified Signed By:VIKAS W.P.(CRL.) 1146/2016 Page 3 of 21 extraneous circumstances.Sh. Babu Ram, Petitioner‟s father filed an Application informing the SHO about his rightful claim and wrong registration of the FIR.

6. The Petitioners claim that Police Officials i.e. Respondents No. 4- SHO, Respondent No.5- Investigating Officer, Police Station Khajuri Khas in collusion w