MANGE RAM Vs. NARESH KUMAR

JUDGEMENT

(1.) THE accused-petitioners have invoked the inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973, for quashing the complaint (Annexure 'P-5') and the order (Annexure 'P-6') of the trial Court summoning the petitioners to face trial for offence under Section 380 read with Section 34, Indian Penal Code, inter alia on the ground that as ejectment proceedings under Section 13 of the Haryana (Urban Control of Rent and Eviction) Act, 1973, at the instance of Mange Ram-Petitioner were pending against Naresh Kumar-complainant, the latter had filed the complaint on fabricated allegations in order to pressurise the landlord from getting the tenant ejected from the property in dispute.

(2.) THE factual matrix, as contained in the complaint (Annexure 'P5') is as under :-

(3.) A few months' delay in filing the complaint is also of no consequence at this stage especially when the version of the complainant that he had been agitating with the concerned authorities for the registration of a criminal case and had resorted to filing this complaint after his efforts ended in smoke, is still uncontroverted. The trial Court is bound to go into all the allegations of the accused-petitioners taken in this petition at the time of framing the charge.