BRYAN D SILVA Vs. MARY NUNES

JUDGEMENT

(1.) THIS petition filed under Section 482 of the Code of Criminal procedure, 1973 is directed against order dated 9/09/2008 of the learned Sessions Judge, Panaji by which the learned Sessions Judge has upheld the order dated 12/01/2007 of the learned CJM issuing process against petitioner/accused under Sections 447,448 and 506 (ii) IPC.

(2.) THE respondent/complainant and the petitioner/accused are neighbours and the said complainant owns plot 'a' while the accused owns plot 'b', on the Southern side of complainant's bungalow in Survey No. 5 (part) of P. T. Sheet no. 187. The complainant ordinarily resides at Abu Dhabi and it was her case that when she returned on 15/11/2005, she saw the building coming up in the said plot B without maintaining any setbacks and the accused had forcibly entered the bungalow by cutting lock of the main gate and had erected a scaffolding (bamboo sticks) and dumped other material used for construction into the complainant's property. However, that incident is not a subject matter of the complaint, as rightly conceded on behalf of the complainant.

(3.) THEREAFTER, it appears that the complainant filed an application dated 13/02/2006 to the Police Inspector of Panjim town police station complaining about the illegal construction being done by the accused in which it was further alleged that the accused had constructed a dead wall next to her house with windows to the wall, without leaving 3 meters of space as per the existing rule. It is conceded on behalf of the complainant that this complaint had nothing to do with the complaint filed by the complainant which is of an incident of March, 2006, regarding which no date is mentioned but it is submitted on behalf of the complainant that before filing the said complaint, the complainant had filed a police complaint on 3/05/2006.