Criminal Misc.No.27648 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc.No.27648 of 2009 Date of decision 11.10.2010. Ram Charan ...... Petitioner. versus State of Haryana and others ...... Respondent. CORAM :- HON'BLE MR.JUSTICE K.C.PURI. Present : Mr. S.S.Dinarpur, Advocate for the petitioner. K.C.PURI, J. This is a petition under Section 482 of the Code of Criminal Procedure against the judgment dated 25.4.2008 (Annexure P-1), vide which learned Additional Chief Judicial Magistrate, Kurukshetra acquitted respondent Nos. 2 to 18 and judgment dated 20.7.2009 (Annexed P-2) vide which the learned Additional Sessions Judge, Kuruksahetra has dismissed the revision petition filed by the petitioner. The law was set in motion on the application dated 6.4.2004 presented to Station House Officer, Police Station Shahbad in which complainant has stated that he along with Sukhmit Singh, Gurmit Singh sons of Karnail Singh, Prem Singh son of Babu Ram were taking out the Criminal Misc.No.27648 of 2009 2 grass plants from sugarcane fields at about 10-30 a.m. at about 10-30a.m. Sultan Singh i.e. respondent No.12 along with 25-26 persons in three tractor-trolley came in the agriculture land. The tractor was driven by Balram-respondent No.2. Jai Singh respondent No.5 was driving another tractor having cultivator. All the accused by holding danda, lathi, gandasi entered in sugarcane field and started ploughing the same with tractor. The petitioner and others raised objection and on which accused gave beating to them and threatened to kill them. The accused have destroyed their sugarcane crop and also made an attempt to take illegal possession of their agricultural land. On the basis of complaint, FIR No.130 dated 6.4.2004 under Sections 148, 149, 447, 323, 427 and 506 IPC was registered against the accused at Police Station Shahbad. Challan under Section 173 Cr.P.C. against the accused person was presented and the respondent Nos.2 to 18 were charged under Sections 148, 447, 323, 427 and 506 read with Section 149 IPC, to which they pleaded not guilty and claimed trial. The prosecution in order to bring home the guilt examined Sukhmit (PW-1), Ram Charan (PW-2), Prem Singh (PW-3), Jasbir Singh (PW-4), HC Rohtash (PW-5), Narender Kumar (PW-6), and ASI Ram Pal (PW-7) and closed the prosecution evidence by order of the Court. The accused were examined under Section 313 Cr.P.C., all the circumstances appearing against them were put to them to which they pleaded not guilty and claimed trial. They also examined Jaimal Singh DW- 1 in their defence. The trial Court, after appreciating the evidence acquitted the Criminal Misc.No.27648 of 2009 3 accused vide judgment dated 25.4.2008. Feeling dissatisfied with the above-said judgment, Ram Chander complaint has filed the revision petition which was heard by Shri S.S.Singh Dahiya, Additional Sessions Judge, Fast Track Court, Kurukshetra and vide judgment dated 20.7.2009, the revision petition was also dismissed. Feeling dis-satisfied with the above said two judgments dated 25.4.2008 (Annexure P-1), passed by learned Additional Chief Judicial Magistrate, Kurukshetra and the judgment dated 20.7.2009 (Annexed P-2) passed by learned Additional Sessions Judge, Kuruksahetra, the present criminal misc. petition has been filed. learned counsel for the petitioner has submitted that both the courts below have acquitted the accused on the ground that complainant has failed to prove his ownership and possession over the suit property. It is submitted that matter is still sub-judice. The crop was sown by the petitioner. The khasra girdwaris were corrected later on. There is finding of fact recorded by both the Courts below that the petitioner/complainant has failed to prove the ownership and possession over the suit property. Admittedly Civil Suit was pending. The complainant could not produce any documentary evidence from which it is proved that he is in possession of the suit property. So, in these circumstances, no ground for invoking the provisions of Section 482 Cr.P.C. in the aid of complainant is made out. Consequently, the petition is without any merit and the same stands dismissed. Criminal Misc.No.27648 of 2009 4 A copy of this judgment be sent to the trial Court for strict compliance. ( K.C.PURI ) JUDGE October 11, 2010. sv.