STATE OF H.P. Vs. TARA SINGH

JUDGEMENT

(1.) In Dalhousie town there is a piece of land about 1500 square yards in area in respect of a part whereof there is dispute between Radha Swami Satsang, Beas (for brief, "the Satsang") and the Government High School, Dalhousie. The land, according to the Satsang, was part of its property. It is claimed by some local residents of Dalhousie that it was play -ground of the school. A demarcation was made by the Assistant Collector Second Grade on 19th October, 1981 on the basis whereof possession of 0.3590 acre of land is said to have been handed over by the Headmaster of the school, in compliance with an order of the Director of Education, Himachal Pradesh, dated 30th July, 1983, to one Madan Gopal Singh member of the Executive Committee of the Satsang on 8th August, 1983. The Satsang claims that it had effected fencing of the area by way of denoting a boundary line between the land of the Satsang and the school property. On 3rd July, 1984 Tara Singh, the Secretary of the Satsang, lodged a First Information Report at Police Station Dalhousie at 9.45 p. m. saying that respondent Nos 2 to 17 formed an unlawful assembly, removed the fencing and after marching into the land of the Satsang demolished the structure which was under construction and had come up almost to the slab level. They also set fire to 15 door and window frames as well as the timber kept for the construction of the shed at the site and drove away twelve labourers who were working there by pelting stones on them due to which they sustained injuries and had eventually to take shelter in Ellismere, a house belonging to the Satsang. The accused persons also broke the window panes by resorting to brickbatting and smashed the car of the Satsang which was parked nearby. This report was registered as F. I. R No. 53/83 for various offences under sections 147, 149, 448, 427, 435, 436, 506 and 323 etc. I. P. C.

(2.) The matter was investigated by the Police and a challan was put in against respondents 2 to 17 in Court i he case was committed to the Court of Sessions at Chamba, since the offence punishable under section 436, I. P. C. was triable exclusively by the Court of Sessions. It was, however, transferred by this Court to the Court of Sessions Judge, Kangra at Dharamshala. On 7th January, 1986, after hearing parties, the Sessions Judge declined to frame a charge under section 436, I. P. C. and sent the case back to the Court of the Chief Judicial Magistrate, Chamba, for framing charge and then trying the offences as a warrant case instituted on a police report. On 15th January, 1986 the case was registered before the Chief Judicial Magistrate. The complainant, however, assailed the order of the Sessions Judge of 7th January, 1986 in this Court by filing a revision petition in which proceedings were stayed on 31st January, 1986. This petition was dismissed on 14th May, 1987 with the direction that the case should be taken up for disposal on priority basis. The record which had been received from the trial Court was directed to be sent back to it.

(3.) Meanwhile, an application under section 321, Cr. P. C, dated 12th May, 1986 had been filed by the Assistant Public Prosecutor, Chamba, in the Court of the Chief Judicial Magistrate, Chamba, seeking leave of the Court to withdraw the prosecution against the accused persons. The application was filed after receiving instructions from the State Government through Telex message dated 29th April, 1986 from the Under Secretary (Home) to the District Magistrate as well as District Attorney, Chamba, saying that the prosecution should be withdrawn. This application had remained pending as record of the case was before this Court. It was taken up, for consideration, by the Chief Judicial Magistrate after the record was received back in his Court. The application was rejected on 15th September, 1987. The State of Himachal Pradesh assailed that order in Criminal Revision No. 18 of 1987 -1989, instituted by it on 21st September, 1987. The Additional Sessions Judge (1), Kangra at Dharamshala, dismissed the revision on 10th September, 1990 and upheld the order passed by the Chief Judicial Magistrate. Thereafter, the present revision was filed by the State of Himachal Pradesh in this Court on 27th June, 1991. In it, the orders of the Chief Judicial Magistrate and the Additional Sessions Judge (1), Kangra at Dharamshala, are assailed under section 482 Cr. P. C.