SWARN ANAND Vs. CHIEF JUDICIAL MAGISTRATE

JUDGEMENT

(1.) THIS is an application under Section 482, Cr. P. C. for quashing the order of the learned Chief Judicial Magistrate, Gorakhpur, dated 7th April, 1976 summoning the petitioners Smt. Swaran Anand, Jogendra Lal Anand, Shyam Lal Anand, Makkhan and Nanak for the offences under Sections 426, 447, and 382, I. P. C. read with Section 120-B, I. P. C. and to appear before him on 27th April, 1976.

(2.) THE facts giving rise to the application are that a complaint was made by Ram Chandra Sharma against Smt. Swaran Anand, Jogendra Lal Anand, Shyam Lal Anand, Makkhan and Nanak in the court of the Chief Judicial Magistrate, Gorakhpur of the offences under Sections 109, 120-B, 426, 447 and 382, I. P. C. alleging that the complaint Ram Chandra Sharma had a shop which he let out to Amar Nath Anand, husband of Smt. Swaran Anand applicant No. 1 in 1961. Amar Nath Anand and Mohammad Hanif had a partnership firm known as Perfect Engineering Works, In the said shop Mohammad Hanif had invested the capital while Amar Nath Anand was the working partner. Amar Nath Anand died in 1988 whereupon applicant No. 1 Smt. Swaran Anand and Jogendra Lal Anand became working partners with Mohammad Hanif under a registered deed of partnership. Jogendra Lal Anand separated from the partnership undertaking in 1972. Mohammad Hanif dissolved the partnership after giving notice and ever since 1972 Mohammad Hanif had been in possession of the shop and Smt. Swaran Anand and Jogendra Lal Anand had nothing to do with it. The complaint brought a suit for eviction of Amar Nath Anand in the civil court and obtained a decree against him. Mohammad Hanif brought a suit against the complaint Ram Chandra Sharma in which there was a compromise on 19th March 1976 in accordance with which the entire machinery and goods in the shop were sold by Mohammad Hanif to the complaint Ram Chandra Sharma for Rs. 30,000. Ram Chandra Sharma accordingly came into possession of the shop along with the machines and the goods therein on 19th March 1976 and the applicants Smt. Swaran Anand and others had nothing to do with it. There was a conspiracy between the applicants Smt. Swaran Anand and others for taking pas-session of the shop unlawfully. On 22nd March 1976 when the complaint and Mohammad Hanif were removing some articles from the shop the applicants Shyam Lal Anand, Makkhan and Nanak along with 10 or 12 persons came and entered the shop. They burnt some documents. They caught hold of the complaint Ram. Chandra Sharma and Mohammad Hanif and beat them with iron rods. They removed two transformers which were used for welding purposes, They unlawfully took possession of the shop also. On 30th March 1976 Ram Chandra Sharma made an application under the provisions of Section 94, Cr. P. C. whereupon the learned Chief Judicial Magistrate passed an order directing the Station Officer, Kotwali to take possession of the shop. The complaint also gave a notice to the applicants Smt, Swaran Anand and others for vacating the shop.

(3.) THE learned Magistrate recorded the statements of Ram Chandra Sharma, Mohammad Hanif and Ram Bhuwan Tewari on 6th April 1976 and ordered for summoning the accused.