ASHOK KUMAR Vs. STATE & ANR

JUDGEMENT

(1.) By way of this petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (hereinafter referred to "Cr.P.C."), the petitioner assailed order dated 15.11.2011 passed by learned Metropolitan Magistrate, Delhi whereby the charges punishable under Sections 447/509 IPC were framed against the petitioner.

(2.) Shorn off unnecessary details, the facts giving rise to the present petition are that respondent No.2/ Smt. Kamla Devi filed a complaint on the allegations inter alia that the complainant is residing on the ground floor of property bearing No.2183/7, Shora Kothi, Subzi Mandi, Delhi and the petitioner No. 1/accused persons had purchased first floor of the said property from the complainant in December, 2006. On 06.02.2007, the petitioner trespassed into the property by entering into the portion which was in exclusive possession of the complainant. The complainant adduced pre-summoning evidence. After recording pre-summoning evidence, vide order dated 17.11.2009, learned trial Court took cognizance of the offence under Sections 447/509/34 IPC.

(3.) Vide order dated 14.01.2011, learned trial Court passed an order for framing of charges under Sections 448/323/506(II) IPC. The petitioner challenged the said order by filing Crl. Rev. No.10/2011. Vide order dated 03.05.2011, the said petition was allowed by learned Additional Sessions Judge, Delhi and the matter was remanded back to learned Metropolitan Magistrate with the directions to proceed as per procedure provided under the Code of Criminal Procedure.