CHET RAM Vs. KHUB RAM

JUDGEMENT

(1.) This contempt petition has been preferred by the Petitioner against the Respondent for violating the order of this Court passed in Cr. M. P. No. 117/89 in Criminal Revision No. 62 of 1989. The matter arises in the following circumstances.

(2.) The Petitioner's father namely, Basakhu is the owner in possession of land Khasra No. 1245 in village Mundroo, Tehsil Sadar, District Mandi. This fact finds mention in the Jamabandi for the year 1983 also. According to the Petitioner, the Respondent and his wife had been troubling the family of the Petitioner regarding OIE tree and at a result of demarcation of 25 -12 -1987, it was found that Khasra No. 1248 was owned and possessed by the father of the Petitioner. In the morning of 3 -2 -1986 the Respondent and his wife entered the said land and cut the tree with -in Khasra No. 1248 in the ownership and possession of the Petitioner, with the help of five Chiranies.

(3.) The Petitioner lodged a report in Police Station, Balh, Sadar Mandi, and First Information Report No. 27 of 1988 was recorded. Investigation was conducted and on completion thereof, challan against the Respondent and his wife was preferred in the Court at Mandi. During the course of investigation, the scants and fuel wood were recovered and given on Spurdari to Chuharu Ram on 7 -2 -1988. The trying Magistrate by order of 30 -5 -1989 discharged the accused for offences Under Sec. 447/379/427 of the Indian Penal Code. The Court directed that the case property be returned to the accused after expiry of two months from the delivery of the order and parties were permitted to get their rights determined, if so advised from the Civil Court.