Sh Sulabh Bansal v. State NCT Of Delhi And ORS
$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2592/2025 & CRL.M.A. 24450/2025, CRL.M.A. 24451/2025 SH SULABH BANSAL .....Petitioner Through:
Mr. Chand, Advocate.
versus STATE NCT OF DELHI AND ORS .....Respondents Through:
Mr. Sanjeev Bhandari, ASC for the State.
SI Akash Deep, PS: Sadar Bazar.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 01.09.2025 1.
The present petition filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 20231 (corresponding to Section 482 of the Code of Criminal Procedure, 19732) seeks quashing of Kalandra bearing DD No. 91A dated 27th March, 2025, registered at P.S. Sadar Bazar, Delhi under Section 126/169 of the BNSS. The impugned Kalandra reads as follows: "Hon'ble Sir, The brief facts of the kalandra are that complaint Meenakshi Bansal was filed various complaint against Sulabh Bansal. The facts of the matter are that various tweet and complaint was filed by Meenakshi Bansal alleging encroachment done by Sulabh Bansal and alleging misbehaving. In this regard it is submitted that during enquiry I reached at property No. 4214, 1st floor, Opp Dipti Ganj, Pahadi Dheeraj, Delhi where complainant Meenakshi Bansal W/O Sumit Bansal Age-38 Year met. Further the 1 "BNSS"
2 "CrPC"
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complainant, alleged that her husband's cousin, namely Sulabh Bansal, son of Anil Bansal, residing at 4214, 2nd Floor, Pahari Dhiraj, Delhi is the owner of a suit-sari shop located at 4215, directly beneath the complainant's residence. The complainant further alleges that Sulabh Bansal frequently places shop items in front of the common staircase leading to her residence, causing obstruction and inconvenience to her family. She has repeatedly requested him to stop this practice, but he has not complied. Instead, he has allegedly responded with threats and abusive language. Furthermore, the complainant states that a few clays ago, while her daughter was on her way to tuition, Sulabh Bansal and his shop staff allegedly misbehaved with her and passed inappropriate remarks i.e "--------".
The complainant expresses concern for the safety and well-being of her family and seeks immediate legal action against Sulabh Bansal and his staff. Further I met with alleged Sulabh Bansal S/O Sh. Anil Kumar Bansal R/O H.No. 4214, 2nd & 3rd floor, Opp Dipti Ganj, Pahadi Dheeraj, Delhi who denied all allegations and he alleged that he operates a suit and sari shop at 4215. He alleges that his cousin Sumit Bansal's wife, Meenakshi Bansal, has been repeatedly threatening him and his staff, demanding that they stop running the shop. He further mentions that there is an ongoing civil case between the parties in the Tis Hazari Court, and that Meenakshi Bansal often makes false allegations against him. The complainant has expressed fear for his life and property.
Further on enquiry, it was found that both parties are engaged in litigation concerning the property. The civil case bearing No. CS SCJ 226/24 titled Meenakshi Bansal vs. Sulabh Bansal is indeed pending before the Hon'ble Court of Sh. Arvind Dev, Ld. CJ-09, Tis Hazari Court, Delhi, with the next date of hearing (NDOH) scheduled for 26/05/2025. Apart from above a case FIR No. 200/25 dated 21/02/2025 under Section 285 BNS has also registered against Sulabh Bansal. From the inquiry conducted thus far, it has been established that both parties have a longstanding enmity regarding the minor issue and frequently quarrel with each other. Given the circumstances, there is a strong apprehension of public disturbance and a potential breach of peace in the area due to the actions of both parties.
There is also a risk of any cognizable offense being committed. These findings were brought to the attention of SHO/Sadar Bazar, who directed the preparation of a Kalandra under Sections 126/169 of the BNSS Act against the afore-mentioned individuals. Permission for this action was obtained from ACP/Sadar Bazar. Kalandra is prepared and is being sent for kind perusal of this Hon'ble Court. All the above persons may please be bound down with the maximum amount to keep good conduct in the area."
2.
The aforesaid Kalandra has been issued based on a complaint filed by Meenakshi Bansal (Respondent No. 2). It is revealed that the parties have a The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
longstanding enmity over minor issues and have been involved in frequent quarrels. In light of the strong apprehension of public disturbance and potential breach of peace, the impugned Kalandra was issued, binding both parties to maintain good conduct in the area. In the opinion of the Court, having regard to the long-standing dispute between parties, and the fact that there have been frequent quarrels between them, the Court finds no basis to exercise its extraordinary jurisdiction to quash the impugned Kalandra.
4.
The present petition is dismissed, along with pending applications. SANJEEV NARULA, J SEPTEMBER 1, 2025 d.negi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.