AMERICAN BAPTIST FOREIGN MISSIONARY SOCIETY; SANJAY NARANG S/O LATE MANOHAR LAL NARANG; SHARON MACHADO W/O MR ROBORT MACHADO Vs. CHIEF JUDICIAL MAGISTRATE, DEHRADUN; CANTONMENT BOARD, LANDOUR CANTT, MUSSOORIE

JUDGEMENT

(1.) Both these petitions having been initiated by the same applicants and the opposite parties are also the same, hence have been heard together and are being adjudicated by this common judgment.

(2.) It is also pertinent to mention that the nature of controversy between the parties is also identical and the subject of such dispute is also the same, which is the property situated in Survey No. 100, popularly known as Tabor Bungalow in Landhora area at Mussoorie, District Dehradun.

(3.) Petition no. 989/2016 challenges filing of the complaint case no. 2191/2016 by the respondent no. 2 and the cognizance order passed therein on the same day by the learned Chief Judicial Magistrate, Dehradun, i.e. respondent no. 1. This complaint was filed mentioning Section 261/331 of the Cantonment Act, 2006 (hereinafter referred to as the 'New Act'). Complaint case no. 2190/2016 was filed mentioning Section 239(1)/331 of the New Act, whereupon the cognizance order was passed on the same day on 16.6.2016 by the Chief Judicial Magistrate, Dehradun and the same have been assailed before this Court by way of filing C482 Petition No. 990/2016. Applicants/accused persons have been asked to stand trial for the said offences, but they have challenged the initiation of both complaint cases and the cognizance orders passed thereon by way of filing the instant petitions under Section 482 CrPC invoking the powers of this Court to quash such complaint cases as well as the orders of cognizance.