VED KUMARI Vs. STATE

JUDGEMENT

(1.) This order will govern the disposal of Crl.Revision Nos.286/2001 filed by Smt.Ved Kumari and Veena, 287/2001 filed by Kapil and 226/2001 filed by Harish which arise out of the same order dated 15/02/2001 passed by an Additional Sessions Judge in Crl.Rev.No.58/99 - Sushil Kumar vs.State and another.

(2.) In short, the facts giving rise to the petitions are these. S.K.Bhalla, respondent No.2 herein filed a complaint pertaining to the occurrence dated 12/12/1998 against petitioners and three others under sections 147, 148, 149, 452, 307, 308 and 506 (Part I) Indian Penal Code and after recording statements of respondent No.2, CW-1 and Sudershan Kumar, CW-2, petitioners,and three others were summoned to face trial for offences under, sections 279/323/34 Indian Penal Code by the order dated 16/03/1999 by a Metropolitan Magistrate. Feeling aggrieved, respondent No.2 preferred Criminal revision No.58/99 and while allowing revision and remanding the case back, Metropolitan Magistrate was directed to summon Harish, Kapil, petitioners and Amit under sections 452/308/34 Indian Penal Code and Smt.Ved Kumari, Veena (petitioners), Rani and Suraj under sections 452/323/34 Indian Penal Code by the order dated 15/02/2001 by an, Additional Sessions Judge. It is this order which is being impugned by the petitioners.

(3.) Respondent No.2 is the owner lessee of House No.XVI/70, Gali No.2, Joshi Road, Karol Bagh, New Delhi. Smt.Ved Kumari, one of the petitioners in Crl. Rev.No.286/2001 is alleged to be the co-owner/lessee to the extent of 2/3rd of adjoining house No.XVI/72, situated in said Gali. Occurrence dated 12/12/1998 is stated to have taken place on a piece of open land in between the said houses. Respondent No.2 who argued in person, contended that said piece of land is owned by him.