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Judgment
Gita Mittal, J
This writ petition complains that a temple in Defence Colony, New Delhi which was in existence for the past 25 years was demolished by the
police.
A status report dated 4th September, 2017 has been filed under the signatures of Inspector Vijay Kumar informing that a small temporary structure
adjacent to the bus stop Nehru Homeopathic, Defence Colony, Bhism Pitahmah Marg, New Delhi was set up where idols of god are kept under a tree
exists.
On the 21st August, 2017, it was noticed by the police that a fresh construction of a room like adjacent to bus stop on the footpath, which was also
covering some part of the road was being undertaken by the petitioner - Nitin Sharma.
Information in this regard with photographs was sent to the Deputy Commissioner, Central Zone, South Delhi Municipal Corporation, Lajpat Nagar,
New Delhi on the 21st of August 2017.
Inasmuch as the construction was carried out on the footpath as well as on the Bhism Pitahmah Marg and construction material was lying on the
main road, a public place, on the 27th August, 2017, a case being FIR No.161/2017 was registered under Section 283 of the Indian Penal Code against
the petitioner â€" Nitin Sharma, son of Shri Raj Pandit.
Furthermore, construction material which included stones, two stone pillars, 10 bags cement and dust lying on the road were seized as the case
property.
It appears that thereafter on 28th August, 2017, the petitioner made a PCR call, information whereof was given to the Police Station Defence
Colony, New Delhi and registered as DD No.13A wherein it was stated that a temple had been demolished at the instance of one Mr. Bhupender
Malik.
The police is stated to have received a written complaint dated 29th August, 2017 from the Members of the Resident Welfare Association, Defence
Colony alleging that Mr. Nitin Sharma visited the office of Resident Welfare Association with four other persons and threatened them.
The petitioner has made a complaint on 2nd September, 2017 regarding demolition of temple to the police station which complaint is being examined
by the Grievance Cell, South District.
The police has disputed that any existing temple was demolished by them or any other agency.
It is further stated that the old small structure under a tree is still existing inasmuch as the action has been taken in accordance with law with
regard to attempt to raise a fresh and new construction.
Police complaint has been registered and material seized on account of it being case property. This court cannot intervene in the ongoing
investigation.
This writ petition is devoid of any legal merit. The same is hereby dismissed.