RAJENDRA Vs. NAYANTARA

JUDGEMENT

(1.) Heard Mr. M. P. Lala, learned Counsel for the Applicant, Mr. Mahesh H. Mourya and Mrs. S. R. Matta, learned Advocates for Respondent No. 1 and Mr. A. S. Parihar, learned APP for RespondentState.

(2.) By means of this application under Section 482 of the Code of Criminal Procedure, the applicant has prayed to quash and set aside the Judgment in Criminal Revision No. 172/2011 dated 19/04/2011passed by Ad-hoc Additional Sessions Judge-2, Nagpur and also to quash the order dated 05/01/2011 passed below Exh.1 in Regular Criminal Case No. 4976/2010, whereby the learned J.M.F.C. Nagpur, issued process against the applicant-accused for an offence punishable under Section 500 of the Indian Penal Code.

(3.) It appears that a complaint was lodged by respondent no. 1 namely Smt. Nayantara w/o. Durgadas Vasudeo (hereinafter referred to as "Nayantara"), bearing Summary Criminal Complaint Case No. 4976/2010 in the Court of learned J.M.F.C. Nagpur. The complaint alleged that the complainant runs a school in the name and style as 'Kids World School' at Zingabai Takli, Tahsil and District Nagpur. The said school building is situated at Khasra No. 247/2, P.H. No. 11, Mouza Zingabai Takli, claiming the possession of the land by virtue of gift-deed executed by father of the complainant in the year 2004. The complaint was lodged against her real brother, who is having a civil dispute with the complainant in Special Suit No. 859/08 pending before the V th Joint Civil Judge, Sr. Division, District Court, Nagpur. The suit filed by the complainant against her brother while another suit i.e. Special Civil Suit No. 12/09 was filed by the applicant against the complainant which is pending in the Court of Civil Judge, Senior Division, Nagpur, which is in respect of land situated at Khasra No. 247/2, at Mouza Zingabai Takli, Tq & Dist. Nagpur. It is contention of the applicant that applicant no. 1 is owner of six (6) acres of land and applicant no. 2 is owner of 0.68 acres of land originally owned by their father. It is the case of the applicants that the present respondent Nayantara had encroached upon 3,000 Sq.ft., of land and also carried out a construction of school building upon the said land. In that suit the plaintiff (present applicants) claimed possession on the suit land mentioned above and prayed for to hold an inquiry of mesne profits as per the provisions of Order 20 Rule 12 of CPC, this suits appears to have been instituted on 24/10/2008.