SHIVENDRA PRATAP SINGH THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal by special leave has been filed by the appellant herein for assailing the order dtd. 2/8/2023 passed by the learned Single Judge of the Chhattisgarh High Court dismissing Criminal Miscellaneous Petition No. 1675 of 2023 preferred by the appellant seeking quashment of FIR No. 590 of 2019 registered at the instance of respondent No. 5 at P.S. Sarkanda, District Bilaspur for the offences punishable under Ss. 447, 427, 294, 506 read with Sec. 34 of the Indian Penal Code, 1860(hereinafter being referred to as 'IPC') and the charge sheet filed as a consequence of investigation of the said FIR.

(3.) The pith and substance of the allegations set out in the FIR is that respondent No. 5-Barkat Ali i.e. the complainant, had purchased the land bearing Survey No. 559/1Chh/30 admeasuring 21 decimals situated at Ashok Nagar, Khamtarai Bilaspur from one Geeta Rai, for a consideration of Rs.25,00,000.00. A registered sale deed for 10 decimals of the said land was executed on 20/12/2017. The complainant came into possession of the said land. The adjacent plot admeasuring 12 decimals, was purchased by one Sushma Kashyap, wife of Rajkumar Kashyap from the land owner Geeta Rai in the year 2016. The complainant and Sushma Kashyap were allegedly in possession of their respective plots and had raised construction of houses thereupon. The complainant alleged that he had built a boundary wall for the protection of his plot with a gate and grill and that he had stored cement, rods and other construction materials on the plot. It was alleged that accused Saurabh Pratap Singh Thakur and appellantShivendra Pratap Singh Thakur @ Banti, in furtherance of their common intention prior to 20/5/2019, trespassed into the land in possession of the complainant and demolished the under construction house of Sushma Kashyap and the boundary wall of the complainant-Barkat Ali. The accused also stole raw materials kept at the complainant's land thereby, causing loss of Rs.4.00 lakhs and Rs.6.00 lakhs to Sushma Kashyap and the complainant, respectively.