CHAITANY CHOPRA Vs. DEEN MOHAMMED MANSOORI

JUDGEMENT

(1.) HEARD on admission.

(2.) THE applicant has preferred the present petition under Section 482 of Cr.P.C. against the order dated 10.3.2011 passed by the learned JMFC Jabalpur in unregistered Complaint Case " Chaitany Chopra Vs. Deen Mohammed Mansoori and another" by which the criminal complaint was dismissed under Section 203 of the Cr.P.C. Facts of the case are that the grandfather of the complainant Chaitany Chopra had purchased a plot of the particular society on 14.2.1987. The society did not make any registry to the purchaser. However, the grandfather of the complainant executed a will in the name of the complainant and society was duly informed. Thereafter, he was informed that the respondents occupied and encroached the plot purchased by the grandfather of the complainant. On 16.9.2010 when the complainant reached to the spot, he found that some persons were sitting on the chair. The complainant had lodged an FIR at Police Station, Adhartal but nothing was done and therefore, a complaint was lodged.

(3.) HOWEVER , if merits of the case is considered then, it would be apparent from the statements of the complainant that no registry or sale deed had been executed to his grandfather. It was not established by the complainant that his grandfather had received any possession on the plot. A complaint was filed by the applicant but it is nowhere mentioned that for which offence, the complaint was filed, though it may be presumed that it may be a case of Section 447 of the Cr.P.C. However, looking to the evidence given by the complainant Chaitany Chopra (PW -1) and Trilochan Singh Chopra (PW -2), it would be apparent that at the time of incident, the complainant was not in the possession of the property and therefore, the trial Court has rightly found that it was a case of civil nature. The applicant has to get the possession of the property from the Civil Court. Since prima facie, the applicant was not in possession of the property therefore, there was no question of any trespass by the respondents. The trial Court has rightly dismissed the criminal complaint under Section 203 of the Cr.P.C.