ASHOK KUMAR Vs. NCT OF DELHI & ORS

JUDGEMENT

(1.) By this petition filed under Section 482 of Cr. P.C. the petitioner seeks to challenge the order dated 31.01.2013 whereby the learned Additional Sessions Judge dismissed the Crl. Revision No.76/2012 filed by the petitioner against the order dated 06.04.2010 passed by learned Metropolitan Magistrate in FIR No. 889/2001 Police Station Uttam Nagar, Delhi.

(2.) The facts leading to the present case are that on 20.04.2000 the petitioner had purchased a plot measuring 190 sq. yds. from the owner Shri Ram Kumar and sold 100 sq. yds of the same back to him. Accordingly the petitioner was left with 90 sq. yds of the plot. On 25.07.2001 and 17.08.2001, the petitioner came to know that the respondent Nos. 2 and 3 have encroached upon his property and after taking possession thereof, they were carrying out digging work. The petitioner lodged a complaint in Police Station Uttam Nagar.

(3.) Petitioner again instituted a fresh suit which was dismissed by the learned Civil Judge, Tis Hazari courts, Delhi on 27.04.2012. Aggrieved by that order, the petitioner preferred an appeal bearing No.50/2012, which is pending adjudication. On the other hand, petitioner came to know that in a case registered against respondent Nos. 2 and 3 vide FIR No. 889/2001, the learned Metropolitan Magistrate had discharged respondent No. 2 and 3 and against which the petitioner preferred revision petition before the learned Additional Sessions Judge, which was ultimately dismissed vide order dated 30.01.2013. Now, the petitioner is before this Court by way of the present petition under Section 482 of Cr.P.C.