MAHANT ABHEY DASS Vs. S GURDIAL SINGH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the Circuit Bench of the Punjab High Court at Delhi (Narula J.) reversing the order dated December 6, 1965 of the learned Magistrate and the judgment dated March 1, 1966 of the Additional Sessions Judge, and directing that all the respondents be discharged under sub-section (2) of Section 253 of the Code of Criminal Procedure in respect of the offences alleged by the appellant before us. In order to appreciate the points it is necessary to state the facts. The Appellant is the Muktar-e-Am (General Attorney) of Mahant Santokh Dass. He filed a complaint under Sections 447/379 and 428/34, I. P. C. The allegations in brief were that Mahant Santokh Dass was the owner as Dholidar and occupancy tenant of the entire land comprising in Khasra No 129, Civil Station, Delhi, measuring 27 Bighas and 14 Biswas. There is a Gurdwara known as Gurdwara Majnu-ka-tilla which was built in another portion of Khasra No 129 covering an area of 4 Bighas and 7 Biswas and was managed by the accused Sardar Gurdial Singh, Manager, Gurdwara Prabandhak Committee, Sardar Gulab Singh, President Gurdwara Prabandhak Committee and Sardar Santokh Singh, Secretary, Gurdwara Prabandhak Committee. There were certain Sewadars which the appellant cited as accused without naming them. The appellant recited the previous litigation between the parties and alleged that the committee having lost every where in Court ultimately took to the law of jungle and to wreak their vengeance and to create evidence in their favour accused Nos. 1, 3 and 4 along with accused No. 2, in furtherance of the common intention, in the absence of the owner and the appellant on the morning of March 29, 1964 by illegally trespassing on the said orchard employed coolies and some servants of the Gurdwara and totally destroyed it and closed watering well and levelled the whole thing to the ground and they illegally and dishonestly removed the trees from the orchard and took them into possession.

(2.) It was further alleged that the accused have no interest or title in the land which they trespassed illegally and destroyed the whole Orchard. The complainant gave a lengthy statement before the Court of the S. D. M., Delhi. He alleged that the land was in possession of his ancestors and continued to be in his possession. He relied on copies of the Khasra Girdawari relating to the land in dispute and Fard Zamabandi. He gave a statement in support of the complaint. He produced some witnesses including P. W. 5 Pheru Mal Jain, Patwari, who deposed that the land measuring 27 Bighas and 8 Biswas was under the possession of Mahant Santokh Dass and the land measuring 4 Bighas and 7 Biswas was under the possession of Gurdwara Prabandhak Committee. We need not refer to the rest of the evidence.

(3.) The A D. M. after having gone through the enquiry report and the evidence on record came to the conclusion that there was a prima facie case under Sections 427/447/379/34 I. P. C. against the accused Gur Dayal Singh, Santokh Singh and Tara Chand only. He sent the case to the Court of Shri C. N. Narula, Magistrate 1st Class, for disposal according to law.