LALESAB Vs. MAHABOOBBEE AND ORS.

JUDGEMENT

(1.) A private complaint is being filed by the respondent in Criminal Petition No. 200164/2014 against the petitioner before the Civil Judge and JMFC, Sindagi in CC. No. 304/2012 and the learned Magistrate took cognizance of the complaint, recorded sworn statement of the complainant and ordered to register a case against the petitioner herein for the offences punishable under Sections 147, 148, 323, 393, 447, 504, 506, r/w 49 of IPC.

(2.) I have heard the arguments of the learned counsels for the petitioner as well as respondents and also learned High Court Government Pleader.

(3.) LOOKING to the above said facts and circumstances except the complaint averments the petitioner has not produced any materials before the Court to show the pendency of the civil suits between the parties and what are the orders passed by the civil Court and also what exactly the subject matter pending before the civil Court except producing RTC extracts pertaining to Sy. No. 46/2 and also xerox copy of the bailiffs report in execution petition No. 23/2009, wherein the said document refers to Sy. No. 46/3 and not to Sy. No. 46/2. Therefore, the petitioner who approached this Court has not produced sufficient materials to show that he has been in possession and enjoyment of the said property and he never tress passed into the land or committed any offences. On the other hand the complaint averments discloses that on 04.12.2011 the accused persons went to the said land assaulted the complainant abused them with filthy language and threatened them with dire consequences of killing them and also harvested the crop. The above said allegations at this stage cannot be said that they do not constitute any offences at all, therefore, an enquiry by the Court is required to ascertain after appearance of the accused who is in possession of the said land and who grown the crops and who harvested the crop, whether there was any offences committed by the accused persons and they have stealthily taken away the crop etc. has to be trashed out by the Court.