BHAGWAN DASS Vs. RAMESH CHAND

JUDGEMENT

(1.) Bhagwan Dass had filed this petition to challenge the order dated 29.9.1992 passed by the Additional Sessions Judge, Sangrur upholding the order dated 19.2.1990 passed by the Chief Judicial Magistrate, Sangrur summoning the petitioner to face his trial under Section 379/34 of Indian Penal Code.

(2.) According to the complainant respondent, the plots in dispute was possessed by Madan Gopal, who was a tenant under Dr. Ujagar Singh through rent note dated 22.10.1968. Ujagar Singh has got the plot mutated in favour of his sons Bhupinder Singh, Rupinder Singh and Rameshinder Singh. The plot was purchased by the complainant and his brother Kuldip Parkash from the aforesaid persons through sale deed dated 26.6.1981 whereupon Madan Gopal became tenant under them. The case of the complainant was that Madan Gopal had seized to be in occupation of the plot in dispute for more than 5/6 years and this had prompted him to move an application under Section 13 of the East Punjab Urban Rent Restriction Act for their eviction. In these proceedings, a Local Commissioner was appointed, who found that the petitioner had removed five beri trees, one pipal tree, bushes and grass from the plot whereupon a complaint was lodged with the police. The police had not taken any action against the petitioner, which action of theirs had necessitated to file the complaint.

(3.) After recording evidence produced before him, the Magistrate had summoned the petitioner as he found that from the statements made by the witnesses before him a prima facie case under Sections 379/34 IPC was made out against the petitioner. The petitioner had challenged this order before the Additional Sessions Judge, Sangrur, who had dismissed the same and it is this dismissal which has occasioned the filing of this petition.