D. MALIK Vs. STATE AND OTHERS

JUDGEMENT

(1.) The petitioner is aggrieved by an order dated 6-11-1999 whereby the respondent-accused were discharged of the offences punishable under Sec. 341/506/34 Indian Penal Code.

(2.) The brief facts are that the petitioner complained to the Deputy Commissioner of Police (DCP) against the accused, Respondent Nos 2 and 3 (hereafter referred to as "the accused"). The complainant alleged that when, on 4:00 PM, on 18-5-1996, she was in the Old Rajinder Nagar Market, on the way to her house, the accused went near her, stopped their car, abused and threatened her. It was alleged that they also threatened her husband, tried to pressurise her to withdraw litigation filed against them. She alleged that they held out a threat of breaking her face and teeth, in case the demands were not complied with. They also allegedly threatened to kill her and the children in case she did not vacate the house occupied by her, which apparently they wanted to be vacated. She also alleged that the next day, i.e 19-5-1996, Smt. Indu Mutreja and her husband, Rakesh Mutreja, forced themselves into her house. Smt Mutreja caught hold of her by the hair, threatening that she should vacate the house by the month end, or face dire consequences. The complainant recorded another statement, on 17-6-1996. In this she alleged that the incident of 18th May, 1996 was witnessed by a scooterist Manjeet Singh.

(3.) After investigation, a report was filed under Sec. 173, Crimial P.C. which recommended to proceed against the accused. The trial court, after considering the records, including statements, and copies of various litigation between the parties, discharged the accused.