ROMESH CHANDER Vs. MANOJ KUMAR

JUDGEMENT

(1.) Petitioners (accused) have filed this petition under Section561-A Cr. P. C. to seek quashing of complaint filed against them by the respondent (complainant) in the court of leaned Special Mobile Magistrate, Electricity, Jammu on 11.10.2012 as also the cognizance and the proceedings therein by the learned Magistrate.

(2.) Heard Mr. Vikram Sharma, Advocate appearing on behalf of the petitioners and Mr. Rajneesh Oswal, Advocate, appearing on behalf of the respondent and perused the record.

(3.) The impugned complaint states that the respondent's mother was harassed by the petitioners by encroaching upon her land so the respondent obtained an order from the court on 06.12.2010 in the name of his mother directing maintenance of status quo. The order was executed through Police Post, TalabTillo, Jammu. On 10.10.2012 the petitioners entered the house of the respondent in order to cause insult to him but he advised them not to take law in their hands. On 11.10.2012 when the respondent, who is Advocate by profession, was on his way to the courts the petitioners wrongfully restrained him and threatened to kill him or his family members. They declared that "they don't obey any rule and regulation of law of court and further declared that in case you filed complaint against them or initiate any proceedings against them, then, they will not spare you and they kill you or your family members." The learned Magistrate took cognizance in the complaint, recorded initial statement of the complainant and ordered issuance of process against both the petitioners.