Interim Order 11

Order Details: COPY OF JUDICIAL PROCEEDINGS
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Ashvinder Chopra vs Basant Sawhney & Anr.
PS Vasant Kunj South
01.12.2025
Present: None.
Arguments on the point of summoning have already
been heard.
In brief, the case of the complainant is that she is an
NRI and owner of property bearing No. 304, 3rd Floor, Ganga
Tower 5, D-6, Vasant Kunj. In October, 2019, she allowed her
brother and brother's wife (accused No. 1) to shift to her
aforementioned apartment. In February, 2002 she asked her brother
and accused No. 1 to vacate the said apartment for the purpose of
renovation but accused No. 1 refused to do so. In February 2022
itself, complainant came to Delhi and started renovating her
apartment after arranging Rs. 7 Lakhs and gold bullion of 100
grams.
On 16.03.2022, accused No. 2 (mother of accused No.
1) moved into the aforementioned apartment and complainant again
asked her brother and both the accused to vacate her apartment. On
13.04.2022, complainant got exclusive possession of her apartment
and since she had to go back to Europe, she got her apartment
locked by RWA President in the presence of police officials.
On 24.04.2022, accused persons came to the apartment
in question with a locksmith and broke open the locks of the
apartment. On 30.04.2022, RWA President informed complainant's
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father about the abovementioned developments and also told the
complainant that the keys of the apartment are still with him and
have not been given to anyone.
It is alleged that accused persons, illegally trespassed
and occupied the apartment in question and also stole multiple
valuables stored in the apartment.
CW2 is the caretaker of the concerned RWA, who has
also deposed on similar lines.
Ld. counsel for complainant has relied upon Jai
Bhagwan vs NCT of Delhi, Crl. MC No. 3307/2011, whereby, it
was held by Hon'ble High Court of Delhi that report filed by
enquiry officer in pursuance to application filed under Section 156
(3) Cr.P.C. forms part of judicial record and the same can be relied
upon for reaching a decision with respect to summoning proposed
accused in a complaint case. It is submitted by Ld. counsel that as
per ATR dated 16.10.2022 filed by EO SI Manoj Kumar,
complainant got exclusive possession of the property in question on
13.04.2022 after getting the same vacated from accused.
In light of the aforementioned, cognizance is hereby
taken of the offences punishable under Section 379/453/34 IPC
against both the accused persons.
Let summons be issued to both the accused for next
date of hearing.
List the matter for further proceedings on 14.05.2026.
(SIDDHANT SIHAG)
ACJM-02/New Delhi District/PHC
01.12.2025
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