PRITAM SINGH Vs. MOHINDER SINGH SAINI

JUDGEMENT

(1.) THE present petition under Section 482 of the Code of Criminal Procedure has been filed by Pritam Singh petitioner, for quashing the order dated 13.2.191 of Additional Chief Judicial Magistrate, Ambala (Annexure P.1) and order dated 18.7.1991 of Sessions Judge, Ambala (Annexure P-2) and further issuing direction to the Trial Court to entertain the complaint filed by the petitioner against the respondents and summon them accordingly.

(2.) THE facts giving rise to this petition are that Pritam Singh petitioner had four brothers and two sisters and son of his sister Bhag Kaur respondent No. 2 was married to Mohinder Singh respondent No.1. In order to grab the residential portion of the house of the petitioner respondent No. 1 instituted civil and criminal proceedings against the petitioner and other members of his family. On 29.2.1988, respondent No.1 lodged FIR No. 54 at Police Station Sadar, Ambala against the petitioner his son Karamjit Singh and his brother Ram Chander for offences under Sections 363/452/506 read with Section 34 Indian Penal Code. While the petitioner and his son were in police custody in connection with that case, respondent No.1 went to the house of the petitioner alongwith his wife Bhag Kaur and other respondents. They demolished a 20 years old wall of the house and when wife of the petitioner Smt. Sardi objected she was abused and was given beating. Occurence was witnessed by Balak Ram, Telu Ram and Ram Singh Lambardar. The petitioner filed a complaint regarding this incident on 7.4.1988 for the trial of the respondents for offences under Sections 427, 447, 380, 506/504, 120-B and 149 IPC.

(3.) I have heard Shri Rakesh Sharma, the learned counsel for the petitioner and Gulab Singh respondent.