SURINDER SINGH Vs. STATE AND ORS.

JUDGEMENT

(1.) Crl. M.A.9757/2015 (for exemption) Exemptions allowed, subject to all just exceptions. Accordingly, the application is allowed. CRL.M.C. 2726/2015 By way of this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner has assailed the orders dated 30.08.2011 passed by the learned Additional Chief Metropolitan Magistrate (ACMM) and 21.03.2015 passed by the learned Additional Sessions Judge (ASJ), whereby the protest petition against cancellation report filed by the police and the Criminal Revision No.09/2014 respectively were dismissed by the said courts.

(2.) Learned counsel appearing on behalf of the petitioner submits that the learned Judge has not appreciated the facts in the correct perspective when it was clearly mentioned that in the FIR in question, dispute was regarding two plots. Documents of one plot were stolen and there was destruction/tearing of the original file of the other plot.

(3.) Also did not consider that the respondents had with common intention and with common motive connived together to have stolen the original transfer papers of Plot No.L-2 from the house of the deceased father of the petitioner and had torn the original papers of the other Plot No.C-180, as has been stated above when respondent Jitender Chaudhary himself accepted to have gone to the house of the deceased complainant, i.e., father of the petitioner on the fateful day.