Crl. Misc. No. M-7687 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-7687 of 2009 DATE OF DECISION: January 12, 2010 Rajinder Singh and others .........PETITIONER(S) VERSUS State of Punjab and another ......RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE AJAI LAMBA Present: Mr. Vikas Bali, Advocate, for the petitioners. Mr. A.S. Brar, DAG, Punjab. Mr. S.S. Chandi, Advocate, for respondent no. 2. AJAI LAMBA, J. (ORAL) This petition has been filed under Section 482 Cr.P.C. for quashing complaint bearing no. 62/1/04 dated 17.04.2003 under Sections 436/427/148/149/120-B IPC pending in the Court of Judicial Magistrate, Ist Class, Nakodar placed on record as Annexure P-1 as also for quashing order for summoning dated 02.02.2009 placed on record as Annexure P-7. Learned counsel for the petitioners has argued that in case wherein the property is a kotha of thatched roof and kachha, it would not come within the definition of property/building as required under Section 436 IPC. Crl. Misc. No. M-7687 of 2009 2 Learned counsel for the respondent contends that in the complaint in para no. 6, it has specifically been averred that the complainant side was also using the premises for residential purposes. Under Section 436 Cr.P.C., the provisions are applicable even in case of “a place for the custody of property.” In the case in hand, as per the allegations, it was a chhann and bara which was set on fire. I find that evidence by way of affidavits cannot be taken while exercising inherent jurisdiction under Section 482 Cr.P.C. so as to disprove the facts alleged by the respondent-complainant. There are disputed questions of facts which can only be settled by the Trial Court after taking evidence. In view of the averments in the complaint, this petition is dismissed. It is made clear that anything said hereinabove is only for considering the issue at hand and would not be construed as an opinion on facts of the case. It is further made clear that the petitioner would be at liberty to avail all remedies available in law. 12.01.2010 (AJAI LAMBA) shivani JUDGE