SURINDER SINGH Vs. ENAKSHI MAHAJAN

JUDGEMENT

(1.) By this petition under section 482/401 of the Code of Criminal Procedure, 1973 (hereinafter to be referred to as the "Code") read with Article 227 of the Constitution of India, the petitioner has prayed for quashing the order dated September 16, 1993 passed by the learned Sessions Judge, Shimla Division, Shimla. By the impugned order, the learned Sessions Judge has quashed the issuance of process directed by the Judicial Magistrate 1st Class (I), Shimla, against respondent Smt. Enakashi Mahajan.

(2.) In order to understand the real controversy arising in between the parties, the facts, in brief, are essential to be narrated Complainant complains that on 8 -4 -1990 at about 10.30 P.M. the respondents entered into his property in his absence and without his consent with a view to damage his property and acquire right of passage through his stairs. Allegedly, boundaries of the property belonging to the parties to the instant lis, adjoins each other. It is alleged that respondents not only illegally trespassed over the property of the complainant, but respondent 1 also damaged the gate affixed by him (complainant) in between the boundary of the properties of both the parties but also threatened the latter with an injury to his person. He also alleges that he lodged a First Information Report with the police, but of no avail, as no action had been taken by the investigating agency. Consequently, a complaint with respect to the alleged commission of offence under sections 4479 425, 500 and 506, I.P.C. was lodged by him in the Court below.

(3.) The learned Magistrate, after recording the statement of the complainant and also his witnesses on oath, considered the preliminary evidence and concluded that there doth exist a material evidence to proceed against the accused persons as mentioned in the complaint for having committed offence punishable under sections 447/500/506, I.P.C. and resultantly, directed the issuance of summons against both the respondents.