USHA RANI SOOD Vs. BHOLA RAM AND OTHERS

JUDGEMENT

(1.) Instant petition under Sec. 482 Crimial P.C. is directed against order dated 21.11.2017, passed by the learned Sessions Judge, Kullu, Himachal Pradesh in Criminal Revision No. 08 of 2017, setting aside order dated 29.4.2017 passed by Sub Divisional Magistrate, Kullu, Himachal Pradesh in Case No. 114 of 2015, whereby complaint under Sec. 145 Crimial P.C. having been filed by the petitionercomplainant (hereinafter, 'complainant') was allowed.

(2.) For having a bird's eye view, briefly stated the facts of the case, as emerge from the record, are that pursuant to a complaint filed by the complainant, Usha Rani Sood daughter of Shri Pran Nath Sood, police presented Kallandra under Sec. 145 Crimial P.C. before the learned Sub Divisional Magistrate, Kullu, District Kullu, Himachal Pradesh. Complainant in her complaint alleged that the respondents forcibly entered into Khokha situated over Khasra No. 1929 in Phati Dhalpur, Kothi Maharaja, Tehsil and District, Kullu, Himachal Pradesh. Complainant further alleged that respondents No. 1 and 2 were foricibly dispossessing the complainant from her land. On 13.6.2015, at about 4.00 pm, when complainant went to her land situated at Beasa Mour, Akhara Bazaar, Kullu, then she found that one of the planks of the Khokha was broken and some persons namely Tikam Ram, Yugal Kishore and Bhagat Ram were laying the floor of the Khokha and they had also removed the partition wall. As per complainant, when she inquired from Tikam Ram, he told that his father, Bhola Ram had engaged the labour for executing the work. It is also alleged that they broke the locks of both the shutters and put new locks on them. It is further alleged by the complainant that on 14.6.2015, when complainant and Shri A.N. Vidyarthi, went to the spot, then work was going on and when they asked Tikam Ram and 2-3 labourers to stop the work, they entered into verbal duel with them. Police party went to the spot on the information received from A.N. Vidyarthi, at about 3 pm and thereafter entered Rapat No. 19 at about 8.30 pm, after recording statement of complainantUsha Rani Sood.

(3.) On the basis of report, Kallandra was presented before Sub Divisional Magistrate, Kullu, on 20.6.2015, who, after going through the statement of the witnesses, recorded by the police, summoned the parties to the court in person or through their pleaders on 26.6.2015 and asked them to file their written statements regarding their respective claims. On 26.6.2015, respondents No. 1 and 2 came in person in the court and they were supplied with the copies of Kallandra, with further direction to file their replies/written statements, if any. Record further reveals that respondents filed reply to the notice under Sec. 145 CrPC, on 22.7.2015, whereafter on 4.8.2015, Sub Divisional Magistrate sent the file to the Tehsildar, Kullu to obtain 5-point spot report on the prescribed format, regarding actual/physical possession over the disputed land/structure. On 26.8.2015,, court below received spot report from the office of Tehsildar, Kullu, but since same was not found to be in accordance with law, matter was again sent to the Tehsildar Kullu, for proper spot inquiry on 5-points. Court also directed that the parties be associated during said inquiry. Court below, after having received spot report from Tehsildar, Kullu, fixed the matter for consideration on 8.12.2015, whereafter, matter came to be listed for recoding the statements of PW's.