SURESH KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Present petition has been filed under Sec. 482 Cr.P.C. for quashing of FIR No. 0400 dtd. 6/8/2017 (Annexure P-5), under Ss. 448, 452, 506 IPC (Ss. 451, 341, 379, 34 IPC added later on), registered at Police Station Rai, District Sonipat. Further prayer has been made for quashing of order dtd. 21/8/2022 (Annexure P-6) whereby learned Judicial Magistrate 1st Class, Sonipat framed charges against them under Ss. 448, 452, 451, 411, 506, 379, 34 IPC.

(2.) Brief facts of the case are that the petitioner was allotted Industrial Plot No. 1426, Phase V, Industrial Estate Rai, measuring 450 Square Meters on 10/12/2004 and conveyance deed was executed on 24/5/2006 by HSIDC. Petitioner No.1-Suresh Kumar, who is proprietor of M/s SS Paper Industries, and his son namely Sandeep Kamboj-petitioner No.2, were running their business since 2004. The petitioners defaulted in repayment of bank loan which they had taken from Punjab National Bank. The bank auctioned the property in question to respondent No.2. S.A. No. 4517 of 2014 was filed before the learned Debts Recovery Tribunal, Chandigarh in this regard. A civil suit No. 1478 of 2017 was filed by petitioner No.1 on 21/2/2017. The learned Civil Judge (Junior Division), Sonipat, vide order dtd. 27/2/2017, restrained respondent No.2 from alienating the suit property i.e. the factory in question and dispossessing petitioner No.1. The case was adjourned to 18/3/2017. The interim order was operative till 9/10/2017 when the stay granted in favour of petitioner No.1 was vacated. The zimni orders passed in this context have been placed on record as Annexures P-3 (Colly) and Annexure P-4.

(3.) On 6/8/2017, an FIR was registered against the petitioners alleging therein that when respondent No.2 reached the factory in question, the possession of which was taken by him from Punjab National Bank on 15/7/2017, he found the locks to be broken and that petitioner No.1 had thrown their goods out of the factory and took possession thereof. The copy of the said FIR has been placed on record as Annexure P-5. Learned trial Court, finding a prima facie case, framed charges against the petitioners vide order dtd. 21/8/2018 as stated above. The copies of order framing charges and the charge-sheet have been placed on record as Annexures P-6 to P-8.