SHAM LAL THUKRAL Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners/accused have filed the present petition seeking quashing of orders dtd. 8/12/2016 (Annexure P-12) passed by the Court of Judicial Magistrate, 1st Class, Bathinda whereby the application moved by the prosecution/complainant under Sec. 311 Cr.P.C. was allowed in criminal case having FIR No.473 dtd. 6/8/2005 registered under Ss. 420, 465, 380, 467, 468, 471, 477, 448, 427, 270, 34 IPC at Police Station Kotwali, Bathinda and order dtd. 3/3/2017 (Annexure P-14) passed by the Court of Additional Sessions Judge, Bathinda whereby the revision petition filed by the petitioners/accused against the aforesaid order (Annexure P-12) passed by the Court of Judicial Magistrate, 1st Class, Bathinda is dismissed.

(2.) Brief facts of the case are that complainant-Kartar Singh lodged complaint with the police authorities to take action against the accused persons in accordance with law. On the basis of the said complaint, FIR No.473 dtd. 6/8/2005 under Ss. 420, 465, 380, 467, 468, 471, 477, 448, 427, 270, 34 IPC at Police Station Kotwali, Bathinda was registered against the petitioners and some other persons. In the FIR it has been inter alia alleged that there is a common wall between the adjoining properties of both the parties and petitioners are running nursing home in their property. As per complainant the width of common wall was reduced by the petitioners. There are also allegations that the complainant demolished his old building and after obtaining requisite approval from the concerned departments, reconstructed a new building in his own plot but the petitioners and staff of nursing home tried to obstruct said construction by filing civil suits and complaints based on false and fake documents. That even civil writ petition was also filed against the complainant, which was later on withdrawn. It is further alleged in the FIR that the aforesaid complaints were found to be false by the police and resultantly kalandra under Sec. 182 IPC was filed by the police authorities against the petitioners.

(3.) After completion of investigation both the petitioners were challaned by the police and the trial Court framed charges against them but the petitioners did not plead guilty and the trial was commenced.