DONGAR SINGH RATHORE Vs. STATE OF M P

JUDGEMENT

(1.) THIS application is filed under section 482 of Cr.P.C.

(2.) THE brief facts necessary for disposal of this application are that the applicant ­ Dongar Singh Rathore is a resident of village ­ Panda, Tehsil ­ Badnawar, District ­ Dhar. He had ancestral house located in the village. According to the applicant, the house remained in his possession and he is the owner of the house. The non - applicant No.3 ­ Sabal Singh is the real brother of the applicant. The applicant due to old age, shifted to Indore however, his sons frequently visit the village to look after his agricultural work. When they visit the village, they stay in the house and they also keep their farm equipments and crops in the said house. On 28.05.2003, the present applicant received a message that non -applicant No.3 and his sons broke the lock of the applicant's house and tried to take forcible possession of the house. The matter was reported to the police and crime under section 448/34 of IPC was registered.

(3.) DURING the pendency of the criminal trial, the criminal court after considering the arguments from both the sides, granted interim custody of the house to the non -applicant No.3 on furnishing of Supurdnama for Rs.1,00,000/ -. Under this order, non -applicant No.3 remained in possession of the house custodial "legis" of the house.