KAILASH Vs. SHRI KEDAR NATH

JUDGEMENT

(1.) THE Chief Judicial Magistrate, Bharatpur, by his order dated 6. 9. 1985, took cognizance against the petitioner for the offence under Section 453 I. P. C. THE petitioner challenged this order in a revision before the Additional Sessions Judge No. 1 Bharatpur, who dismissed the revision holding that there was sufficient material before the trial court for taking cognizance. Against this order he has preferred this miscellaneous petition under section 482 Cr. P. C.

(2.) THE learned counsel for the petitioner has contended that the dispute in this case is between father and son and it is of a civil nature, for which a civil suit is already pending between them. According to him the parties should not be dragged to a Criminal Court, when the dispute is of a civil nature and has to be ultimately decided by the Civil Court. In this connection, reliance has been placed on (1) AIR 1979 S. C. 850, and (2) 1982 Cr. L. J. 1393 besides (3) AIR 1923 Lahore 329 and 145.