KUSUM AND ORS. Vs. BANSI LAL AND ORS.

JUDGEMENT

(1.) In the instant petition, the petitioners seek quashing of order dated 06th October, 2010, passed by the learned Chief Judicial Magistrate, Kathua, whereby the petitioners along with respondent Nos. 2 to 7 have been held erroneously liable to be charge-sheeted for commission of offences under Sections 452, 147 and 427 RPC. The petitioners also seek quashing of the orders dated 09th August, 2011 and 07th September, 2011, whereby reviewing the predecessor's orders dated 25th March, 2011, 26th April, 2011 and 18th May, 2011, whereby petitioners were required to be heard on the question of charge. The petitioners have challenged the aforesaid impugned orders on the grounds that they were not heard at the time of framing of charge by the Trial Court. The Complaint of respondent No. 1, on the face of it, is unbelievable, warranting no action against the petitioners. There is no allegation of criminal trespass against the petitioners.

(2.) Learned counsel for the petitioners has reiterated all the grounds taken in the memo of this petition, whereas learned counsel for the respondents has supported the orders impugned.

(3.) I have considered the rival contention of learned counsel for the parties.