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Thursday, July 19, 2018

Man fined for his alacrity to challenge SDM’s interim property order

Additional Sessions Judge (ASJ) S S Rathi imposed fine on Model Town resident Tarandeep Singh.

Written by Agencies | New Delhi | Published: April 5, 2012 4:50:04 pm

A Delhi court has imposed a fine of Rs 10,000 on a man for rushing to it against a provisional order of a sub-divisional magistrate (SDM),mid-way through a proceeding on a property dispute,entailing fears of breach of peace.

Additional Sessions Judge (ASJ) S S Rathi imposed the fine on Model Town resident Tarandeep Singh,dismissing his plea as ‘gross abuse of judicial process,’ as he rushed to the court,immediately after receiving the SDM’s notice,asking from him the rent receipt of the disputed property.

In his plea to the court,Singh disclosed that the SDM’s notice,seeking the rent receipt,was served upon him by the Desh Bandhu Gupta Road police and he apprehended that the SDM was to pass some direction against him.

Bemused by Singh’s alacrity to rush to the court,the ASJ pointed out in his order that under the provision of Section 397 (2) of the Criminal Procedure Code,no revision could be filed against an “interlocutory (provisional) order”.

“Other circumstances pleaded in this revision are nothing but creation of the revisionist’s (Singh) own thought process.

This revision is nothing but a gross abuse of judicial process and same is accordingly dismissed with cost of Rs 10,000 to be deposited with Delhi State Legal Services Authority (DLSA)..,” the court said.

The court dismissed Singh’s plea saying there was no need for him to “press the panic button” after receiving a simple notice from the SI.

“I see no reason as to why the revisionist (Singh) shall press the panic button on receipt of simple notice….If he is keen to ascertain reason thereof,the remedy lies in the court of SDM and not rushing to a sessions court with a thoroughly pre-matured lis,” the court said.

The ASJ said before rushing to the sessions court,Singh should have waited for the outcome of the proceedings pending before the SDM.

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