GEETA KUMARI Vs. STATE OF H.R

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, (hereafter referred to as the Code), has been filed by the petitioners for directing Superintendent of Police, District Kangra at Dharamsala (respondent No. 4) to register FIR on the basis of the complaints dated 12.10.2000,18.10.2000 and 24.10.2000, sent to the Officer -Incharge, Police Station, Lambagaon by Tehsildar and Sub -Divisional Magistrate, Jaisinghpur and get the matter investigated through CBI alongwith FIR Nos. 92 of 1998 and 85 of 1999, Police Station, Lambagaon and the S.H.O. concerned be made to comply with the provisions of Section 154 of the Code.

(2.) Briefly stated case of the petitioners as made out in the petition is that against the background of long drawn civil and criminal litigations between the petitioners and private respondents, the petitioner filed a complaint under Section 107/145 of the Code in the Court of S.D.M. Jaisinghpur, who on 15.11.1999, inter alia, passed the order that none of the rival parties shall interfere with the land comprising Khata No. 50 min, khasra Nos. 182, 185, 186, 187, 188, 189, 190, 192, 193, 194, measuring 3 -55 -10 hqtrs situate in Mohal, Lambagaon and Tehsildar Jaisinghpura was appointed received with the direction to deposit the proceeds of the produce of the said land in the Government treasury till the case pending before the S.D.M. was decided. Pursuant to such appointment, the Tehsildar was in possession of the aforesaid land in his capacity as receiver appointed and such appointment hajzf not been revoked. However, respondents Nos. 9 and 13 entered upon the aforesaid land on 14th, 15th and 24th September, 2000 and on the last occasion they were accompanied by one Gandhi, their nephew. Respondents No. 11,10 and 13 also trespassed into the aforesaid land respectively on 24.9.2000, 30.9.2000 and 10th, 11th and 12th October, 2000. The trespass was with the intention of stealing the grass worth Rs. 2,500 after having been cut from Khasra Nos. 186, 182 and 188. Petitioners brought the matter to the notice of Naib Tehsildar, Jaisingpura vide application, Annexure PM, dated 12.10.2000 and the latter forwarded Annexure PM to S.H.O., Police Station, Lambagaon for registration and investigation of the case. On 18th October, 2000 petitioner No. 1, through her husband, again lodged complaint, Annexure PN with the Tehsildar intimating that despite knowledge that the land was with the receiver and was not to be interfered with respondents No. 9, 13 and one more woman trespassed into the land on 13.10.2000 and committed theft of grass therefrom. On 13.10.2000 respondent No. 14 also helped Nilima Devi and Gayatri Devi in trespassing into the land and committed theft of the grass therefrom. On 14.10.2000 respondents No. 12, 10 and two other unknown persons also trespassed into the land in dispute and committed theft of grass. On 17.10.2000 respondents No. 13, 9 and one Reena Devi also trespassed into the land and committed theft of grass. When they were asked not to do so, they threatened to do away with the life of the petitioner. This complaint was also forwarded by Tehsildar, Jaisinghpura to S.H.O. Lambagaon for necessary action, as warranted by law.

(3.) On 24.10.2000 petitioner, through her general power of attorney, made another complaint, Annexure PO with a copy to S.D.M. again complaining about trespass into the land and theft by Hem Raj Sharma, his 1 wife, Amit Kumar, Om Swaroop, Sulochna Devi and a few other unidentified persons on 18th August, 2000 and by Kalyan Chand, Sulochna Devi, Hem Raj, Amit Kumar and five other unknown persons also trespassed into the land and committed theft of the grass while armed with Darati. Wife of Pratap Chand of Lambagaon accompanied by one more woman and on 21.10.2000 Sulochna Devi, Amit Kaur and wives of Hem Raj and Pratap Chand and eight other women also trespassed into the land and committed theft of grass from 18th to 20th October, 2000 and stolen grass was worth Rs. 3,500. On 22.10.2000 Gian Chand and his wife alongwith eight women and on 23.10.2000 mother and wife of Pratap Chand, on 24.10.2000 Matti Devi, her daughter and an unknown women and wife of Pratap Chand committed trespass into the land and committed theft of grass worth Rs. 2,000. The copy of Annexure PO endorsed to SDM, Jaisinghpura was forwarded by him to S.H.O., Lambagaon for necessary action. However, according to petitioners, no action in the matter was taken by the police, hence this petition.