MAHESH SHARMA Vs. K K BAGRA

JUDGEMENT

(1.) THE petitioner filed a complaint before the Court of the Additional Civil Judge (Sr. Div) No. 1, Jaipur City, Jaipur on 8. 3. 2000, against the respondents No. 2 and 3, alleging offence under Sections 147, 148, 447, 427 and 379 IPC. it has been alleged that the petitioner is running a Chit-fund company, the office of which is situated in the Shop No. 10 and Chaat Market, Ram Niwas Garden, Jaipur. It has further been alleged in the complaint that respondents No. 2 and 3, along with their emplyees, demolished the constructions of the above shops of the petitioner and also took the articles with them, thus, causing loss to the petitioner not only of the property but also of his business as well. It has also been alleged that respondents No. 2 and 3 had not acted during the course of their official duty and the whole action was taken by the above respondents out of mala fides.

(2.) THE police, after investigation, submitted a Final Report, however, on a Protest Petition been filed by the petitioner, the trial court took cognizance against all the respondents in the present petition for the offence under Sections 143, 427, 447 and 379 IPC vide order dated 5. 12. 2000.

(3.) AFTER having considered the submissions made by learned counsel for the parties, I have carefully gone through the order impugned in the present petition, the original record of the trial court as also the judgments cited at the Bar.