KARTAR SINGH Vs. MAJOR MURLIDHAR

JUDGEMENT

(1.) This is a criminal revision petition filed against the order dated 22.05.2013 passed by the Additional Sessions Judge, Patiala House Courts, New Delhi. The prayer in the petition is for setting aside the aforesaid order and for restoration of the order passed by the trial judge on 30.01.2013 on the application filed by the revision petitioner under section 456(1) of the Cr.P.C. in case FIR No.164/1989.

(2.) The present petition has been filed in the following circumstances. One Major Murlidhar, the respondent No.1 herein, filed a complaint against Kartar Singh, the petitioner herein, his father Udai Ram and son Jai Prakash, which was registered at the Vasant Kunj police station on 02.09.1989 under sections 448/ 34 of the Indian Penal Code. The background of the complaint was this. Major Murlidhar had purchased a plot in village Rangpuri in the name of his wife Kamlesh, respondent No.2 herein, and his mother Lakshmi Devi and put up a boundary wall, two rooms and a hand pump. They obtained the possession of the property from the sellers. However, Kartar Singh and his father and son claimed themselves to be the owners of the property and trespassed into the said land. A complaint was filed by Major Murlidhar alleging that Kartar Singh, his father and son had committed house trespass. The trial court convicted Kartar Singh by judgment dated 01.03.2008 and also passed an order of sentence on 14.03.2008. However, no order was passed under section 456(1) of the Cr.P.C. restoring the possession of the property to Major Murlidhar. The order of conviction and sentence on Kartar Singh was not appealed against and thus became final.

(3.) Since the trial court did not pass an order on the application filed by Major Murlidhar under section 456(1) of the Cr.P.C., an appeal was filed by him claiming relief under section 456(1) belatedly. Since at that time there was no appeal provided against the refusal of the trial court to pass an order under section 456(1), and in the light of section 372 of the Cr.P.C., the said appeal was withdrawn by Major Murlidhar on 05.06.2010.