KASHI RAM Vs. GAURI SHANKER

JUDGEMENT

(1.) THIS petition is directed against the order of the learned Munsif and Judicial Magistrate, Ladnu dated 1410 -1987, whereby the learned Magistrate has taken cognizance against the accused -petitioner for the offences under Sections 300 and 457 IPC.

(2.) THE facts necessary to be noticed for the disposal of this petition briefly stated are: that complainant -non -petitioner No. 1 Gaurishanker and accused -petitioners Kashiram, Brahmanand and Mst. Rukmani are the closest relations. Accused Kashiram is the real brother of complainant Gaurishanker and accused Brahmanand is the real brother's son of complainant Gauri Shanker and Mst. Rukmani is the real brother's wife of complainant Gauri Shanker. It is alleged that both the parties have an ancestral house belonging to Shri Motilal, father of Kashiram and Gaurishanker. This house is alleged to have been partitioned between the parties. Complainant Gaurishanker alleges that the room in dispute came to his share on the basis of a Will executed by his father whereas the contention of accused Kashiram is that this room in the Will comes to his share. It was actually let out to one Mst. Sharda Devi and when she ceased to be a tenant complainant Gauri Shanker put his lock by removing certain articles from it. As regards the illegal possession of this room by complainant Gauri Shanker a complaint was submitted on 14 -10 -1986 to the Deputy Inspector General of Police, Jodhpur which was registered in Police Station, Ladnu on 4 -11 -1986 against complainant Gauri Shankar. On 6 -11 -1986, the Police inspected the site of this room in dispute.

(3.) I have heard Mr. H.M. Saraswat, the learned Counsel appearing for the accused -petitioners and Mr. B.C. Mehta, the learned Counsel for the complainant -non -petitioner No. 1 as also Mrs Chandralekha, the learned Public Prosecutor for the State. I have cerefully gone through the record of the case.