NORANG RAIL AND OTHERS Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have been booked in FIR No. 27 dated 3.5.2000 under Sec. 380 Penal Code relating to Police Station City, Hisar.

(2.) Briefly stated, the facts are that in execution of civil Court decree dated 11.2.1987 a residential house bearing Municipal No. 1860 RH 24 Block 18., 2574/1860, situated in Mohalla Rampura, Hisar was ordered to be sold. It was purchased by one Ramesh Kumar son of Sat Narain of Hisar in auction on 25.7.1998 and he in turn sold the same in favour of Rattan Kumar and Chander Singh for Rs. 2 lacs by sale deed dated 28.8.1999. The sale certificate had already been issued in favour of Ramesh Kumar, after he had deposited the auction money. Om Parkash, one of the petitioners, had filed objections on 29.7.1996 and the same were dismissed on 15.10.1997.

(3.) The allegation of the prosecution is that Rattan Kumar and Chander Singh had come into possession of the house in question and the petitioners had illegally tress passed into the house and committed theft of the house-hold goods belonging to the subsequent purchasers, Rattan Lal etc. A private complaint was instituted in die Court of Magistrate by Sh. Rattan Lal which was forwarded under Sec. 156 (3) Cr. P.C., upon which case was registered. Now the petitioners have applied for anticipatory bail.