SATISH DAHERIYA Vs. AFTAB KHAN

JUDGEMENT

(1.) This order shall dispose of Criminal Revision No. 826 of 2015 and M.Cr.C. No. 2738 of 2014.

(2.) Criminal Revision No. 826 of 2015 has been filed against the order dated 11.6.2015 passed by the Additional Sessions Judge, Rajgarh in S.T. No. 96 of 2015, by which the charges under Sections 147, 149, 395, 427 and 447 of IPC have been framed, whereas the application under section 482 of Cr.P.C., 1973 which has been registered as M.Cr.C. No. 2738 of 2014, has been filed against the order dated 3.9.2013 passed by the First Additional Sessions Judge to the Court of First Additional Sessions Judge, Rajgarh (Biaora) in Criminal Revision No. 95 of 2009, thereby affirming the order dated 24.4.2009 passed by the CJM, Rajgarh in Criminal Case No. 794 of 2006, by which the application filed by the applicant for dismissal of the complaint on the ground of want of prosecution under section 197 of Cr.P.C., 1973 has been rejected.

(3.) The necessary facts for disposal of the present petition under section 482 of Cr.P.C., 1973 and Criminal Revision, in short are that the respondent Aftab Khan had filed a criminal complaint against the applicant and other co-accused persons on the ground that his house is situated in Rajgarh, Ward No.19, Ganesh Marg, which was purchased by the grandfather of the complainant in the year 1943. The adjoining portion of the land was sold by Buchilal Tailor and accordingly, the complainant and his predecessors are in peaceful possession of the said property. On 1.8.2005, in absence of the complainant at about 10 in the morning the accused persons came on the spot and demolished the part of the house, which was purchased from Buchilal Tailor and the household articles, which were kept in the said portion were kept on the tractor trolley. The house constructed over the area of 10x30 sqft. was demolished by the accused persons and they took the household articles with them. When the brother of the complainant enquired from the co-accused Rajendra Sahu, incharge Daroga, then the co-accused Rajendra Sahu informed that there is an order against the complainant by the government and he is demolishing the said part of the property by the orders of the government and if the complainant has any objection, then he should approach the authorities. It is further alleged that the demolition took place till 7 P.M. Again after making arrangements for light, further demolition was done at 11 in the night by the accused persons, which continued till 1 AM in the night. On 3.8.2005 also the co-accused Badrilal dug a pit. Accordingly, a complaint was filed on the allegations that in absence of the complainant, the persons arrayed as accused had unauthorizedly committed house trespass, demolished the house of the complainant without any prior notice and further damaged the household articles, as a result of which, the persons arrayed as accused have committed an offence under Sections 147, 447, 427 and 380 of IPC.