DES RAJ Vs. KASHMIRI LAL

JUDGEMENT

(1.) The present petition has been filed under Section 482 of the Criminal Procedure Code for quashing the complaint Annexure P/I and the summoning order Annexure P12.

(2.) The complaint Annexure P/i was filed-by Kashmiri Lal respondent against Des Raj and other petitioners for offences under Sections 452, 427, 323, 504, 506, 148 read with Section 149, IPC. As per case of the petitioners Vidya Wanti wife of Des Raj was the owner of the premises, which were let out to Kashmiri Lal. In order to seek the eviction of Kashmiri Lal, Vidya Wanti had filed an ejectment petition, copy of which is Annexure P/3. As a counter-blast to these ejectment proceedings Kashmiri Lal filed a complaint against the petitioners for various offences (copy Annexure P/4). After recording preliminary evidence in this case Judicial Magistrate 1st Class, Ludhiana found that no prima facie case for summoning the petitioners was made out and the complaint was dismissed vide order dated 1.8.1988 (Annexure P/5). In order to put pressure on the petitioners and to avoid ejectment, Kashmiri Lal respondent again filed complaint Annexure P/ion 27.7.1990 on we basis of which the petitioners were summoned to face trial for offences under sections 452, 427 and 506, I.P.C. The complaint was filed simply to harass the petitioners who were the sons and the husband of the landlady of the respondent. Hence this petition.

(3.) I have heard Mr. M.L. Merchea counsel for the petitioners and Mr. K.G. Chaudhary counsel for the respondent.