KANAHIYA LAL Vs. STATE

JUDGEMENT

(1.) Accused persons have filed this revision petition assailing legality, propriety and correctness of the order dated 16.9.2000 passed by Judicial Magistrate (Junior Division), Ladnu who in his Criminal Case No. 316/99 after perusing the record was pleased to take cognizance against the present petitioners for offences under Sections 146, 447 and 379 Indian Penal Code. Hence this revision petition.

(2.) The submissions of the learned counsel are that agricultural land measuring 44 Bighas 6 Biswas compromising Khasra No. 1108 of Ladnu was in the joint khatedari of the complainant as also the accused persons and unless and until there was partition by metes and bounds, all the joint khatedars have share in each inch of the above land. A litigation in the revenue court with regard to above land was also pending and the Commissioner was to inspect the land on 4.1.99 but during the previous night of 3.1.99 complainant without any authority has fixed barbed wire on the eastern part of 4 Bighas 8 Biswas of the land of Khasra No. 1108. It is further submitted that keeping in view the above factual aspects in mind the SHO has submitted Final Report that no case is made out even then the court below has taken cognizance causing miscarriage of justice.

(3.) On the other hand learned P.P. as also learned counsel for the complainant has supported the impugned order.