PRAKASH MUNI Vs. CHANDRA KISHORE

JUDGEMENT

(1.) These petitions have been filed by the petitioner, arising out of same dispute, therefore, same are being decided by passing a common order. Petitioners/accused have filed this M.Cr.C. under Section 482 of Cr.P.C. against the orders dated 13.10.2017 and 22.05.2018 whereby the learned Judicial Magistrate First Class has framed the charge against the petitioners under Section 506-II of IPC in Criminal Case No. 425/2002 and same was affirmed by the Sessions Judge, in Criminal Revision No. 49/2017, respectively.

(2.) Case of respondent No.1 in short is that respondent No. 1 filed a criminal complaint under Section 200 of Cr.P.C. against the petitioner for the offence punishable under Sections 395, 427, 454, 506-B r/w Section 149 of IPC. Learned Judicial Magistrate inquired the matter and recorded the statements under Sections 200 and 202 of Cr.P.C. Further, case was fixed for framing of charges and it was found that there is a prima facie material available against the petitioners/accused under Section 506-II of IPC. Thus, charge has been framed under Section 506-II of IPC against the petitioners/accused.

(3.) Respondent/Complainant alleged in the complaint that his house and land are situated at Mahatma Gandhi Ward, Mandla. In revenue record, same are recorded as plot No. 7 ad-measuring area 155250 sq. foot. Out of above said area, in 2500 Sq.foot, the parental house of complainant has been constructed whereas in another 2500 sq. Foot, temple and hospice are situated. In rest of the land, small rental houses have been constructed. Grand father and father of respondent No.1/complainant were religious persons, influenced from ancient monastery of Karwadha, due to which they had constructed hermitage, temple, hospice and mausoleum in their ancestral land.