KALI DASS Vs. SHOBHA RAM

JUDGEMENT

(1.) THIS petition, under section 482 of the Code of Criminal Procedure (for short, the Code) read with Article 227 of the Constitution of India seeks quashment and setting -aside the complaint dated 12.6.2007 (Annexure P -3) made by respondent No. 1 before the learned Judicial Magistrate Ist Class, Amb, District Una, H.P., order dated 6.5.2008 (Annexure P -8) issued by the learned Magistrate whereby he issued process against the petitioners and order dated 10.3.2011 (Annexure P -11) whereby the petitioners were summoned for offences, under sections 451, 323, 506, 148 read with section 149 IPC and lastly the order dated 30.6.2014 (Annexure P -16) passed by learned Additional Sessions Judge (II), Una, whereby the revision petition preferred by the petitioners against the summoning order has been ordered to be dismissed.

(2.) THE parties are co -owners of certain land situate in Lower Lohara, Tehsil Amb, District Una. Respondent No. 1 appears to have initiated partition proceedings with respect to the land during the course whereof it is alleged that respondent No. 1 alongwith his son was seeking to change the nature of joint land which constrained respondent No. 2 to file a suit for permanent injunction. The suit was instituted on 31.5.2007 and order of status quo was passed by the learned court on 11.6.2006, which order was subsequently confirmed on 3.8.2007.

(3.) ON the basis of such allegations complaint (Annexure P -3) came to be filed on 12.6.2007. The learned Magistrate recorded the statement of the complainant and one Ashok Kumar on 2.6.2007, while the statement of another witness Sh. Desh Kumar was recorded on 29.6.2007. The Magistrate thereafter sent the copy of the complaint for investigation to the police under section 202 of the Code. The police reported that allegations made in the complaint were totally unsubstantiated and the complainant was wasting the time of the court. The respondent No. 1 filed objections to the report and thereafter the Magistrate summoned the petitioners under sections 148, 451, 323 read with section 149 IPC and held that there was no ground for proceeding against the petitioners under section 147, 323, 452 and 341 IPC. This order of the Magistrate was challenged in revision before the Additional Sessions Judge, Una, who vide order dated 19.11.2009 allowed the revision by relegating the parties to the position as it existed on 7.3.2008 and Magistrate was directed to proceed from the aforesaid date in order to determine whether sufficient grounds exist to proceed against the petitioners.