IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Misc. Application (C482) No. 761 of 2007 Beera Devi, W/o Mahendra Singh, At present R/o Paw Bazar Patti Ghurdaursyun, District Pauri Garhwal. .…..Petitioner Versus 1- State of Uttarakhand 2- Smt. Sushila Devi W/o Ragubeer Singh Gusai R/o Village & Post Pawa Patti Ghurdaursyun District Pauri Garhwal. ……Respondents Mr. D.C.S. Rawat, Advocate, present for the petitioner. Mrs. Mamta Bisht, A.G.A., present for the State. Hon’ble Prafulla C. Pant, J. Heard. 2) By means of this petition moved under Section 482 of Cr.P.C., the petitioner has sought quashing of order dated 04.08.2007, passed by Chief Judicial Magistrate, Pauri Garhwal, whereby said court has dismissed application of the petitioner moved under Section 156(3) of Cr.P.C. Learned Sessions Judge, also dismissed the revision filed against the said order, vide his order dated 17.08.2007. 2 3) It appears that the petitioner was tenant in the house of respondent No.2 Sushila Devi. They had a round of civil litigation, in which, petitioner lost the case, and eviction decree was passed by the Judge, Small Cause Court. It further appears that the eviction decree was executed and respondent No.2 Sushila Devi got possession of the house. Thereafter, the petitioner moved an application under Section 156 (3) of Cr.P.C., alleging that the respondent No.2 has taken the movable articles of the petitioner. 4) The trial court after going through the contents of application, moved under Section 156(3) Cr.P.C., found that it was not a fit case for directing the Register case for the purposes of the investigation by the Police. The revisional court also concurred of the view taken by the trial court. 5) Having considered submissions of learned counsel for the petitioner and after going through the impugned orders, passed by the courts below, this Court does not find any substance in the petition, moved under Section 482 Cr.P.C. 6) Accordingly, the petition under Section 482 of Cr.P.C. is dismissed summarily. (Prafulla C. Pant, J.) 28.11.2011 JM