CHANDRA PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is directed against the order dated 9.8.2002 passed by the Additional Chief Judicial Magistrate No. 5, Jodhpur taking cognizance against the petitioners for offence under Section 406 I.P.C.

(2.) Briefly stated the facts of the case are that one Karan Singh lodged a First Information Report at Police Station, Sadar Bazar, Jodhpur stating inter alia that his shop was rented to late Om Prakash Soni and his son Vijay Kumar. On 11.7.1999 at about 9.30 p.m. when he went to the shop, he found that iron tin shed from the rented premises was removed and construction was being raised without his permission and knowledge. He asked then to stop the construction, but they refused to do so. On this information police registered a case for offence under sections 379 and 406 IPC. The police after usual investigation filed charge-sheet for the said offences.

(3.) The learned Magistrate found no case against the petitioners for offence under Section 379 I.P.C. and discharged the accused. The learned Magistrate has, however, framed charge for offence under Section 406 I.P.C. In my view even if the allegations made against the petitioners are accepted on its face value no case for offence under Section 406 I.P.C. is made out. It appears to be a simple dispute between a land lord and tenant. The criminal Court need not be bothered for this.