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$-7 HIGH COURT OF DELHI
CRL.REV.P. 158/2011
RASHID AHMED & ORS Petitioners
Through Mr. S.Q. Kazim, Mr. Haris Umani, Advs.
CRL.REV.P. 158/2011
RASHID AHMED & ORS Petitioners
Through Mr. S.Q. Kazim, Mr. Haris Umani, Advs.
VERSUS
SHAB ANA PARVEEN & ANR Respondents
Through Mi*. Pawan Bahl, APP for State with Mr. Vishesh Khokhar, SI, PS
Shakarpur Mr. M. Tarique Siddiqui, Adv. for Respondent.
Through Mi*. Pawan Bahl, APP for State with Mr. Vishesh Khokhar, SI, PS
Shakarpur Mr. M. Tarique Siddiqui, Adv. for Respondent.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
16.05.2011 Learned counsel for the Petitioner has filed an additional affidavit along with documents of the Petitioner No.l showing his treatment which was being carried on at Jaipur.
Notice. Learned counsel for the Respondent accepts notice.
Learned counselfor the parties statesthat theyhave no objectionifthe possession of the House No. 829, Floor, Guru Ram Das Nagar Ext., Laxmi Nagar, Delhi is handed over to the Respondent who will continue to stay in the said premises till final orders thereon are passed by the Learned
Addl. Sessions Judge in the appeal filed by the Respondent. It is, however, CRL.REV.P. 158/2011
2011:DHC:13470 contended by the learned counsel for the Respondent that the Respondent does not have the keys of the premises as the locks have been changed by the Petitioner, which fact isrefuted bythe learned counsel for the Petitioner.
Since the parties have no disagreement on the fact that the Respondent can continue to live in the above mentioned house at Laxmi Nagar till the final orders are passed by the learned Additional Sessions Judge, SHO P.S.
Shakarpur is directed to ensure that the possession ofthe house is handed over to the Respondent on 21®^ May, 2011 at 4.00 PM or 22"*^ May, 2011 at
11.00 AM. In case the keys of the house are not with the Respondent, the
SHO will ensure that Respondent is permitted to reside peacefully by breaking open the locks and fresh locks will be put on the premises ofwhich one key each will be handed over to the Respondent and the remaining will be deposited with the Learned Appellate Court. SHO will also prepare inventory of articles lying in llie premises and supply copy ofthe same to both the parties and file the same before the Learned Appellate Court.
This order is without prejudice to the rights and contentions of both theparties before theLearned Appellate Court.
Petition is disposedof OrderDasti.
MUKTA GUPTA, J MAY 16, 2011/'ga'
16.05.2011 Learned counsel for the Petitioner has filed an additional affidavit along with documents of the Petitioner No.l showing his treatment which was being carried on at Jaipur.
Notice. Learned counsel for the Respondent accepts notice.
Learned counselfor the parties statesthat theyhave no objectionifthe possession of the House No. 829, Floor, Guru Ram Das Nagar Ext., Laxmi Nagar, Delhi is handed over to the Respondent who will continue to stay in the said premises till final orders thereon are passed by the Learned
Addl. Sessions Judge in the appeal filed by the Respondent. It is, however, CRL.REV.P. 158/2011
2011:DHC:13470 contended by the learned counsel for the Respondent that the Respondent does not have the keys of the premises as the locks have been changed by the Petitioner, which fact isrefuted bythe learned counsel for the Petitioner.
Since the parties have no disagreement on the fact that the Respondent can continue to live in the above mentioned house at Laxmi Nagar till the final orders are passed by the learned Additional Sessions Judge, SHO P.S.
Shakarpur is directed to ensure that the possession ofthe house is handed over to the Respondent on 21®^ May, 2011 at 4.00 PM or 22"*^ May, 2011 at
11.00 AM. In case the keys of the house are not with the Respondent, the
SHO will ensure that Respondent is permitted to reside peacefully by breaking open the locks and fresh locks will be put on the premises ofwhich one key each will be handed over to the Respondent and the remaining will be deposited with the Learned Appellate Court. SHO will also prepare inventory of articles lying in llie premises and supply copy ofthe same to both the parties and file the same before the Learned Appellate Court.
This order is without prejudice to the rights and contentions of both theparties before theLearned Appellate Court.
Petition is disposedof OrderDasti.
MUKTA GUPTA, J MAY 16, 2011/'ga'
CRL.REVP. 158/2011 page 2 of2
2011:DHC:13470
2011:DHC:13470
JUDGMENT