MADANLAL Vs. HEERALAL

JUDGEMENT

(1.) Heard Mr. A.S. Champawat for the petitioner, Mr. Kailash Nath Joshi Counsel for non petitioner No.1 and Mr. Vimal Mathur public prosecutor.

(2.) The house in question belonged to Dhan Raj Kumar. By two sale deeds dated July 6, 1984 and August 21, 1984, Dhanraj Kumar sold his house to Kesarbai wife of petitioner Madanlal. Jairam was brother of Dhanraj Kumar who had a son named Bhagwandas and non petitioner No.1 is son of Bhagwandas.

(3.) Madanlal lodged a First Information Report at Police Station Nathdwara alleging therein that his wife Smt. Kesarbai had purchased the disputed house situated in Kumarwara Nathdwara. On the morning of October 12, 1984 she went for cleaning house and found that the lock of the main Pol was broken and inside the house Heeralal non petitioner No. 1 two other persons and three ladies were sitting. Smt. Kesarbai inquired from them as to how they were there. Thereupon the, ladies surrounded her and started beating her. It was stated that Heeralal and his companions had broken the lock of the house where his domestic goods were lying. They did not allow Madanlal or his wife to enter into the house. It was not known what these persons did of the goods of Madanlal and Smt. Kesarbai which was lying there. It was mentioned that Hiralal and his companions had no right in the house. Madanlal lastly mentioned that the acts of these persons amounted to offences under Sections 448, 452, 457 and 380 of the Indian Penal Code. Upon his First Investigation Report, the police registered a case under Section 443, 341, and 323 I.P.C.