NAGINDER SINGH Vs. ANITA

JUDGEMENT

(1.) APPELLANT is aggrieved by the judgment of the trial Magistrate, whereby criminal complaint under Sections 352, 447, 504, 506, 510, 148, 149, 150, 153, 395 and 120-B of the Indian Penal Code, filed by him against the respondents, has been dismissed and the respondents acquitted.

(2.) IN the complaint it was alleged that the complainant's father was the joint owner of 'Abadi" land, bearing Khasra No. 3275, situate at Amb in District Una, but the possession of the entire area of the said Khasra number was exclusively with him. On 11.10.1991 the respondents, allegedly armed themselves with various weapons like 'Dandas', 'Daraties', rods and one of them even a pistol and went to the aforesaid Khasra number and started raising construction upon two to four Marlas area by utilizing the bricks, which had been stacked there by the complainant. When the respondents were sought to be checked, they hurled abuses and tried to assault the complainant and his agent Shri Nazar Mohammed. On 12.10.1991 the complainant, being attorney of his father, the owner of the land, filed a suit in the Court of Senior Sub Judge, Una. Stay was granted by the Senior Sub Judge in the form of a temporary injunction. Despite such stay order, the respondents continued with the construction and laid the slab. Report was lodged with the police also on 23.10.1991, but when no action was taken, complaint was filed in the Court on 25.10.1991.

(3.) WE have heard the learned counsel for the parties and gone through the record. We see no reason to disagree with the view taken by the trial Court. The complainant placed on record Jamabandi for the year