Delhi High Court
Mrs Sadiya vs State & Ors. on 6 July, 2018
$~14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 06.07.2018
+ CRL.M.C. 2299/2018
MRS SADIYA ..... Petitioner
versus
STATE & ORS ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. Ram Kumar Sharma, Advocate.
For the Respondent: Mr. Kamal Kumar Ghai, APP for the
State.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
06.07.2018
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioner impugns Kalandara dated 16.03.2018, issued under
Sections 107/150 Cr.P.C. against her.
2. Learned counsel for the petitioner submits that the Kalandara is
based on incorrect facts. It is submitted that there was an altercation
on 10.03.2018, wherein, some neighbours misbehaved with the
daughter of the petitioner and a complaint was lodged against them.
3. It is submitted that the Kalandara incorrectly records that both
the parties i.e., the petitioner as well as the persons against whom the
complaint was made were in the habit of fighting with each other and
calling 100 number PCR and even going to the Police Station to make
complaints against each other.
4. Learned counsel for the petitioner submits that the very basis of
the Kalandara does not exist and there is no cause for issuance of the
Kalandara under Sections 107/150 Cr.P.C. against the petitioner. He
submits that there has never been any written complaint against the
petitioner except of the subject incident, which was also filed as a
counterblast to the complaint made by the petitioner against the sons
of the counter complainant.
5. Learned APP for the State confirms that apart from the cross-
complaints received of the subject incident, there is no record of any
complaint having been made by or against the petitioner, with the
local police station or any call being made to the PCR.
6. Sections 107 and 150 of Cr.P.C. read as under:-
"107. Security for keeping the peace in other cases.
(1) When an Executive Magistrate receives information
that any person is likely to commit a breach of the
peace or disturb the public tranquillity or to do any
wrongful act that may probably occasion a breach
of the peace or disturb the public tranquillity and is
of opinion that there is sufficient ground for
proceeding, he may, in the manner hereinafter
provided, require such person to show cause why he
should not be ordered to execute a bond, with or
without sureties, for keeping the peace for such
period, not exceeding one year, as the Magistrate
thinks fit.
(2) Proceedings under this section may be taken before
any Executive Magistrate when either the place
where the breach of the peace or disturbance is
apprehended is within his local jurisdiction or there
is within such jurisdiction a person who is likely to
commit a breach of the peace or disturb the public
tranquillity or to do any wrongful act as aforesaid
beyond such jurisdiction.
150. Information of design to commit cognizable
offences.
Every police officer receiving information of a design to
commit any cognizable offence shall communicate such
information to the police officer to whom he is
subordinate, and to any other officer whose duty it is to
prevent or take cognizance of the commission of any
such offence."
7. As noted above, the very basis of issuance of Kalandara as
noticed in the Kalandara, against the petitioner i.e. that there have
been complaints made against the petitioner as well as other persons,
that they have been quarrelling with each other on daily basis and
making complaints to either the Police Control Room or the Police
Station, is not substantiated from the record as there is no record of
any complaint having been made either to the Police Control Room or
to the Police Station.
8. In view of the above, since the very basis of the Kalandara does
not exist insofar as the petitioner is concerned, I am of the view that
the same is liable to be quashed qua the petitioner.
9. In view of the above, the Kalandara dated 16.03.2018, qua the
petitioner, is quashed.
10. The petition is disposed of.
11. Order Dasti under signatures of Court Master.
SANJEEV SACHDEVA, J
JULY 06, 2018
st
