SURINDER SINGH Vs. STATE OF HP

JUDGEMENT

(1.) Heard and gone through the record.

(2.) Precisely, the facts giving rise to the present case are that the Petitioner herein and Respondent No. 2 own the house properties adjacent to each other. Respondent No. 2 has been claiming the right of passage through khasra No. 602. It is alleged that when Respondent No. 2 was using the said passage he was restrained by the Petitioner.

(3.) FIR No. 172 of 1990 was lodged in Police Station, Sadar Shimla on 23rd April, 1990, whereas the Challan under Section 341 of the Indian Penal Code in the said Court was presented on 31st March, 1993, i.e., after about more than two years from the commission of the alleged offence. The trial Court put the acquisition and when the case was going on, further proceedings were stayed vide order of this Court on 17th March, 1997 passed in Cr.M.P. (M) No. 458 of 1993 by the High Court, till final disposal of the civil suit, which was in respect of the same passage. So far as other three FIRs are concerned, these were also stayed vide order dated 17th March, 1997 passed in Cr.M.P. (M) No. 821 of 1993 and Cr.M.P. (M) No. 1042 of 1993, till the disposal of the civil suit.