DAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 595 of 2004, Ishwar Singh Vs. Dan Singh and another, relating to offence punishable under Section 448 of I.P.C., pending in the court of Judicial Magistrate First, Dehradun.

(2.) Heard learned counsel for the petitioners and learned counsel for the State. No one turned up on behalf of respondent No. 2, even after sufficient service.

(3.) Brief facts of the case are that respondent No. 2 / complainant filed a criminal complaint before the Judicial Magistrate First, Dehradun, alleging that in March 1996, complainant (respondent No. 2) had gone out, when the petitioners broke open the lock of his house and occupied the same, forcibly. It is further alleged in the criminal complaint that a report was made to the police, and a notice was got served through an Advocate to the petitioners to handover the possession of the house. However, they failed to vacate the premises. Hence, the criminal complaint is filed against the petitioners Dan Singh and his wife Hemlata, for their trial in respect of offence punishable under Section 448 of I.P.C.