BADRI PRASAD SHARMA Vs. SHANTI PRASAD SHARMA

JUDGEMENT

(1.) BOTH these applications arise out of the same matter and are being disposed of by this common judgment.

(2.) THE applicants and the opposite party no. 1 are admittedly brothers. It appears that Badri Prasad Sharma,. applicant in Misc. Case No. 2491 of 1980, filed a complaint under. Sections 120-B and 448 and 454 IPC in the Court of the Chief Judicial Magistrate Saharanpur against Dr. Shanti Prasad Sharma, Opposite Party no. 1 in these cases his son Deepak Sharma, his father Dr. Amba Prasad Sharma and his compounder Bal Kishore alleging that in pursuance of a conspiracy hatched by these four persons they broke open the lock of the Kothri belonging to the complainant on 11-9-1975 at about 12 noon. At the trial the applicant himself gave evidence in support of his complaint and examined Krishna Kumar Sharma, the applicant in the connected case No. :2490, and some other persons as eye witnesses. In their testimony the applicants in these two revisions that is, Badri Prasad Sharma and Krishna Kumar Sharma, supported the case set up by Badri Prasad Sharma in complaint. THEir evidence was, however, not believed by the learned Chief Judicial Magistrate who dismissed the complaint.

(3.) DURING the pendency of these applications the applicants applied that these applications under Section 482 CrPC may be converted into revision applications. This prayer was opposed by opposite party no. 1 in both the cases. Affidavits and counter affidavits were exchanged on this point and the matter was listed today for deciding this question as also for hearing.