UTTAM Vs. BHAGWATI

JUDGEMENT

(1.) Invoking the extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, petitioners have filed this petition to quash the order dated 27/12/2011 passed by J.M.F.C. Vijaypur District Sheopur in private complaint No. 705/2011, whereby cognizance for the offence punishable under Section 379 of I.P.C. has been taken against the petitioners.

(2.) The facts in brief are that respondent has filed a private complaint against the petitioners alleging that respondent is owner of land bearing survey No. 1444 area about 7.5 Bigha.

(3.) It is submitted by the learned counsel for the petitioners that petitioners are in regular and permanent possession of the agricultural land bearing survey Nos. 1444, 1443 and 1415 admeasuring 7.5 Bigha. The respondent has earlier filed a civil suit for possession and permanent injunction in respect of aforesaid land claiming his rights over the said land. It was the case of the respondent that petitioners are in illegal possession of the said land. On the basis of the pleadings of parties, the trial Court has framed issues and thereafter parties led their evidence.