USHA DEVI Vs. MOHAR SINGH

JUDGEMENT

(1.) Petitioners have approached this Court, invoking provisions of Sec. 482 Cr.P.C. for quashing impugned order dtd. 29/8/2019, passed by Additional Chief Judicial Magistrate, Court No. 1, Ghumarwin, District Bilaspur in Private Complaint No. 39-1 of 2013, wherein. after recording preliminary as well as precharge evidence, the Magistrate has concluded that there were sufficient grounds to frame charges against the accused persons (petitioners) for commission of offence punishable under Sec. 434 and 506 (II) of read with Sec. 34 of the Indian Penal Code.

(2.) According to complaint preferred by respondent, on 21. 12.2011, land of respondent was demarcated and boundary marks were fixed by the Local Commissioner, which were uprooted by one Champa Devi W/o Hans Raj on 1/4/2012, regarding which separate complaint has been filed against Champa Devi, which is pending adjudication before the Magistrate. As per complaint, respondent applied for restoration of boundary marks and Local Commissioner came on spot on 23/1/2013 and restored the boundary marks already fixed by him on 21/12/2011.

(3.) It is further allegation in the complaint that on 11/3/2013 at about 1:00 P.M. boundary marks were restored by the Local Commissioner in presence of complainant and accused persons and other witnesses, but petitioners with common intention, forcibly entered into the land of complainant and with aggressive behavior threw away boundary marks fixed by the Local Commissioner as well as (gainti) Pickaxe and started quarreling with complainant and pushed and beat complainant with threat to kill him in future. As per complaint, respondent-complainant approached the Police by visiting Police Station Talai, who recorded the complaint, but did not take any action, compelling the respondent to file private complaint dtd. 12/4/2012, i.e. present complaint under Ss. 427, 447, 147, 149, 434, 504 and 506 of the Indian Penal Code.