INDER SINGH Vs. ASHA RAM AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the petitioner, learned counsel for the non-petitioner No. 1 and the learned Public Prosecutor.

(2.) This petition under section 482 of the Code of Criminal Procedure, 1973 is directed against the order dated 4.8.93 passed by the learned District a nd Sessions Judge, Bikaner in criminal revision petition No. 2/93 Asha Ram v. Inder Singh and Ors. By the above mentioned order, the learned District and Sessions Judge allowed the revision petition and quashed the order of taking cognizance passed by the Judicial Magistrate No. 3, Bikaner.

(3.) The facts of the case so far as they are relevant may be summarised as below. On the basis of a report in writing submitted by Inder Singh (petitioner in this case), the Dy. S.P., Bikaner directed the registration of the case and investigation. In pursurance of the direction given by the Dy. S.P., F.I.R. No. 101/91 was registered at Police Station, Pugal, Distt. Bikaner in respect of the offence under Section 420 of the Indian Penal Code. In his report, the petitioner Inder Singh alleged that he is a resident of 11 KJD and was the owner of 25 bighas of land bearing chak No. 143/13 situated in 11 KJD. It was further stated) in the report that Inder Singh executed an agreement in favour of Asha Ram and thereby delivered the possession of his land for three years for purpose brick kiln. On the request of Asha Ram, the power of attorney was also executed by Inder Singh in favour of Asha Ram. After the expiry of the period of three years, when Inder Singh asked Asha Ram to vacate the land, the latter did not vacate the same and forcibly removed Inder Singh and his goods from the land and also caused injuries to Inder Singh's wife and daughters.