CHARAN DASS & ORS. Vs. STATE & ANR.

JUDGEMENT

(1.) This petition under Section 561-A CrPC is filed with the prayer that the proceedings in criminal case, which have arisen out of FIR No. 108 of 2007 dated 29th of July, 2007 registered with Police Station, Billawar under Section 447 RFC and pending on the files of Learned Judicial Magistrate 1st Class, Billawar be quashed on the principal ground that the petitioners, who are accused in this case, are tenants of the land and a civil suit has been filed by the complainant against the petitioners wherein injunction has been granted for restraining the petitioners from interfering into the possession of land in question.

(2.) The complaint was filed on 29th of July, 2007m which it was alleged that at about 11.30 AM, the complainant along with his cousin Jagdish Chander entered into their land for sowing the maash crop. It was also stated in the complaint that the maash crop was sowed in ten kanals of land and the other remaining piece of land was leveled by putting into service JCB machine. It was also alleged that on the land measuring 24 kanals 2 marlas covered by survey No. 1182 situated at Village Dher tehsil Billawar, the petitioners criminally trespassed and started re-ploughing the land without any right or title. It was alleged that when the accused-petitioners were asked to refrain from their illegal activities, they threat ened the complainant. A case under Section 447 RFC was registered and after conclusion of the investigation, report under Section 171 CrPC has been filed before the court.

(3.) The petitioners are aggrieved of the aforesaid criminal case, wherein challan has been filed under Section 447, on the principal ground that they are protected tenants of the land in question and that the civil suit has been instituted by the complainant-owner against the petitioners in the year 2000 wherein it has been prayed that the petitioners-accused be restrained from interfering into the posses sion of the complainant.