SANTOSH KUMARI Vs. ANIL CHAUHAN

JUDGEMENT

(1.) CHALLENGE herein is to the order dated 19th March, 2011, passed by learned Judicial Magistrate 1st Class, Nadaun, District Hamirpur, in Complaint No. 17 -I of 2005, whereby, while arriving at a conclusion that no case under Section 420 and 120 -B of the Indian Penal Code is made out against any of the respondents, hereinafter referred to as "the accused persons", the complaint has been dismissed. The indulgence of this Court for quashing and setting aside the impugned order has been sought on the sole ground that the preliminary evidence produced by the complainant (petitioner herein) discloses the commission of cognizable offence, punishable under Sections 420 and 120 -B IPC against the accused persons, however, the Court below, without appreciating the same in its right perspective, has erroneously concluded to the contrary that no case against any of them is made out from the material available on record.

(2.) THE dispute is qua the rights of the complainant and other persons over Abadi Deh bearing Khasra No. 759, 776 and 779. Complainant claims her share in the said Abadi Deh. She made a representation to the Settlement Officer, Dharamshala through her son and General Attorney Shri Raj Kumar Jain, with the prayer to enter Abadi Deh in joint ownership of all concerned, including herself, for their common use. On the said representation, the Settlement Officer sought report of accused No. 1, who happened to be the Settlement Tehsildar at the relevant time. Accused No. 1 fixed several dates, including 28.5.2003 vide notice Ext. CW1/A, knowing fully well that he had already sent the report to the Settlement Officer and on the basis thereof, a decision had also been taken on 6.2.2003 in the matter and mutation of Abadi Deh was also already attested on 12.3.2003.

(3.) LEARNED trial Magistrate after recording the preliminary evidence and taking into consideration the material on record has concluded that no case under Section 420 and 120 -B IPC is made out against any of the accused persons for issuance of process against them and as such dismissed the complaint.