BADAMO DEVI Vs. STATE

JUDGEMENT

(1.) THE petitioners seek to invoke the revisional and inherent jurisdiction of this Court under Sections. 397 and 482 of the Code of Criminal Procedure for quashing of the criminal proceedings pending against them in the Court of the Chief Judicial Magistrate, Simla vide case No, 44/10 of 1980 on the file of that Court.

(2.) IT appears that PW Tota Ram started constructing a house in village Bhoral in or about September, 1978. Shri Adam Ram respondent No. 2 asserted his claim over the site of that construction and in order to establish that claim he approached the Civil Court from where he initially succeeded in obtaining a temporary injunction restraining Tota Ram from raising construction on that site. that temporary injunction was, however, sub-sequently vacated by the Court on 26-9-1978 whereafter Tota Ram resumed his construction.

(3.) ON the night of 6th November, 1978 when the aforesaid construction was still in progress PW Nokh Ram happened to pass by that side when he detected that the house of Tota Ram under construction was ablaze. Nokh Ram PW, however, could not find any person near that site. He then proceeded to the residence of Tota Ram to apprise him of the occurrence but as Tota Ram was then out of station, PW Nokh Ram conveyed that information to PW Rup Chand, an employee of Tota Ram. PW Rup Chand along with some others then visited the site the same night and confirmed the information earlier received by him.