GHANSHYAM SINGH RAWAT Vs. STATE

JUDGEMENT

(1.) BY way of present petition, the petitioners have assailed order dated 10th June, 2009 taking cognizance of the offences under Section 499, 500 IPC and order dated 4th July, 2009 passed by learned ACMM summoning the petitioners as accused to face trial under Sections 499 and 500 IPC.

(2.) A perusal of order of the trial court and the complaint filed by the respondent and also the record would show that the respondent no.2 carried out unauthorized construction of property bearing number 168, Nesh Villa Road, Dehradun, Uttrakhan. The petitioners, being neighbours and affected by unauthorized construction, made complaints to different authorities. The allegations contained in the complaint have been reproduced by the learned MM on the basis of which he summoned the petitioners to face trial. The allegations are as follows:

(3.) SINCE enquiry was conducted by Mussorie Dehradun Development Authority into the grant of permission for construction on the basis of approved site plan and after looking into the certified copy of the sale deed obtained from the Registrar Office and other documents and after giving opportunity to respondent no.2 herein to show cause the order for cancelling sanctioned plan was passed and an order for sealing and demolition of excess and unauthorized construction was also passed (The copies of these orders have been placed on record), the complaints made by petitioners were truthful.