M M KOHLI Vs. RAMESH KOHLI

JUDGEMENT

(1.) Jagdish Chandra, J.-This petition under Sec. 482 of the Code of Criminal Procedure 1973 is directed against the two orders dated 10-2-1983 and 24-10-1983 passed by Shri Parkash Chand Metropolit Magistrate, New Delhi in the complaint brought by Ramesh Kohli against the petitioner M.M. Kohli, Mrs. Aruna Kohli, Aziz Khan, Mool Chand, Hem Raj and Chhotu under Sections 452/427/147/149 Indian Penal Code vide impugned order dated 10-2-1983 the learned magistrate finding a prima facie case ordered the summoning of all the accused persons for the offences referred to above 3-3-1983. Vide the other impugned order dated 24-10-1983 non-bailable warrants were ordered to be issued against all the accused persons including the petitioner M.M. Kohli except accused No. 2 Mrs. Aruna Kohli.

(2.) Ramesh Kohli, M.M. Kholi and J.B. Kohli are real brothers being the sons of late Shri B.C Kohli. Accused No. 2 Mrs. Aruna Kohli is the wife of J.B. Kohli. The remaining accused, namely, Aziz Khan, Mool Chand, Hem Raj and Chhotu are alleged to be the servants of the petitioner/ accused No. 1 M.M. Kohli. In the complaint the residential address of all the parties is mentioned as premises No. 31, Golf Links, New Delhi. The father of the complainant Ramesh Kohli and his brothers M.M. Kohli and J.B. Kohli dies on 15-4-1978 leaving behind the aforesaid House No. 31 Golf Links, New Delhi and other landed property in Dehradun and Mussoorie.

(3.) According to the allegation made in the complaint the entire barsati floor of house No. 31, Golf Links, New Delhi including the terrace has been in actual, exclusive, physical and lawful possession of the complainant Ramesh Kohli who used the same even during the life time of his father to the exclusion of other members of the family. Although the complainant alleges his actual exclusive, physical and lawful possession in respect of two bedroom with attached bath room. garage and the verandah on the ground floor also, the dispute in this case is only in regard to Barsati floor alonge including the terrace. It is further alleged that after the death of their father M.M. Kohli petitioner and J.B. Kohli, started harassing the complainant and his family members in order to pressurise them to vacate the portions in their possession.