R.K.Gauba, J. - (1.) The petitioners have been summoned by the Metropolitan Magistrate by order dated 08.06.2016 on the basis of pre-summoning inquiry held into the criminal complaint (CC No. 162/P/14) of the respondent to stand trial for the offence under Section 211 of Indian Penal Code, 1860 (IPC). Feeling aggrieved, they have approached this Court by the petition at hand under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C) on the submission that the process initiated before the Court of Magistrate in the said complaint case is an abuse of the process of law.
(2.) The petitioners concededly are municipal employees, they being posted in the Karol Bagh Zone during the relevant period. On the allegations and reports of unauthorized construction certain action under the building bye-laws and Delhi Municipal Corporation Act, 1957 was initiated in respect of certain portion of property bearing no. A-64/66, West Patel Nagar, New Delhi. Eventually, a report was lodged statedly at the instance of, or by the petitioners, for registration of a cognizable offence under Section 188 IPC and Section 461 of Delhi Municipal Corporation Act, 1957. The said report was examined by police station Patel Nagar. It was, however, found that copy of sealing order had not been provided and, therefore, no action for it having been disobeyed leading to commission of offence under Section 188 IPC could be initiated by registration of FIR. This was communicated by the police to the municipal authority. There is nothing on record to show any further action taken in the follow-up by any quarter.
(3.) It is against this backdrop that the petitioner filed the criminal complaint alleging that the petitioners had committed the offence under Section 211 IPC.;