SUMAN SARKAR Vs. STATE

JUDGEMENT

(1.) This is a petition filed by the petitioner under Section 397 read with Section 401 Cr.P.C. for setting aside the order dated 5.5.2012 passed by Ms. Raj Rani Mitra, the learned Additional Sessions Judge, Saket, upholding the order dated 26.3.2011 passed by the learned Metropolitan Magistrate in case FIR No.28/1995, under Sections 442/451/427 IPC, registered at Police Station C.R. Park.

(2.) Briefly stated the facts of the case are that the petitioner, Suman Sarkar, is residing at first floor of the property bearing No.B-228, C.R. Park, New Delhi. The said property is owned by his father B.N. Sarkar, who is purported to have entered into a collaboration agreement with S.K. Mitra, respondent No.3 herein, for rebuilding the aforesaid property. S.K. Mitra utilized the services of one Inderjeet Singh, respondent No.2 herein, for the purpose of carrying out demolition of the said property and for reconstruction. The present petitioner, Suman Sarkar, was not having good relations with his father B.N. Sarkar. The possession of the property was handed over to S.K. Mitra, who in turn gave it to Inderjeet Singh, who entered into the property and started demolishing the same. It was at that point of time that the petitioner, Suman Sarkar, who was living on the first floor, raised an objection to the demolition and the same was stopped by Inderjeet Singh. Subsequent thereto, the petitioner made a complaint to the police on the basis of which aforesaid FIR was registered against S.K. Mitra, the collaborator and Inderjeet Singh, the person who was actually carrying out the demolition.

(3.) After framing of the charge, the evidence was produced and the learned Magistrate acquitted both the accused persons by observing that the factual matrix essentially constituted a civil dispute between the father and the son and this was not a case where any trespass was made by Inderjeet Singh as he was lawfully put in possession by the owner of the property. He acquitted the accused/respondents of the charge of mischief also.