AKHILESH JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on admission/stay.

(2.) . Instant petition under Sec. 482 of the Cr.P.C. has been preferred by the petitioners taking exception to registration of FIR vide Crime No.795/2023 at Police Station Kotwali District Guna for offence under Ss. 452, 323, 294, 506, 354, 427, 147, 148 of the IPC.

(3.) It is the submission of learned counsel for the petitioners that petitioner No.1/Akhilesh Jain filed a suit against parents of complainant and obtained decree vide judgment dtd. 26/3/2021, thereafter, execution was filed in which an application was filed by the complainant under Order XXI Rule 97 of CPC but same stood dismissed vide order dtd. 28/8/2023. Later on, Kabza warrant was issued and baliff and other court staff went to the spot to give possession to the petitioner No.1. Vide spot map memo dtd. 21/9/2023, possession was taken forcibly from complainant and possession was give to the petitioner No.1 and two days thereafter he filed complainant as referred above.