LAWS(P&H)-2007-3-268

NAVNEET KUMAR Vs. PHULA DEVI

Decided On March 19, 2007
NAVNEET KUMAR Appellant
V/S
PHULA DEVI Respondents

JUDGEMENT

(1.) Petitioners Navneet Kumar and Gian Chand, apprehending their arrest in a non-bailable offence in complaint filed by respondent No.1 under Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Sections 452, 323, 427, 506 IPC. I have heard counsel for the parties and gone through the contents of the complaint.

(2.) The complainant-respondent No.1 claims that she inherited the tenanted shop from her husband, who was tenant of petitioner No.2 Gian Chand. Counsel for the petitioners contends that in this case, a civil dispute for permanent injunction has already been filed by the complainant, in which on the statement of counsel for both the parties, order of status quo has been passed and the suit is pending. It is case of the petitioner that because of the civil dispute between the parties, false allegations have been levelled by respondent No.1 in the aforesaid complaint, in which the petitioners have been summoned. Counsel further contends that the petitioners are ready to appear before the trial court and furnish their regular bail bonds.

(3.) In view of the above, this petition is allowed and arrest of the petitioners is stayed subject to the condition that in case, they appear before the trial court within 15 days, they shall be released on bail to the satisfaction of the trial court.