SUKHDEV KUMAR CHODHA Vs. STATE OF PUNJAB
LAWS(P&H)-2022-5-298
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 18,2022

Sukhdev Kumar Chodha Appellant
VERSUS
STATE OF PUNJAB Respondents




JUDGEMENT

JASJIT SINGH BEDI,J. - (1.)The present petition under Sec. 482 Cr.P.C. has been filed for setting aside the impugned order dtd. 20/7/2019 (annexure P-1) passed by the Trial Court whereby the application under Sec. 311 Cr.P.C. filed by the prosecution has been partly declined to the extent of tendering certified copies of the civil litigation between the parties.
(2.)The brief facts of the case are that the complainant-petitioner got recorded an FIR No.78 dtd. 14/5/2015 under Ss. 447/427/506/511/148 and 149 IPC with Police Station Adampur, District Jalandhar City, with the allegations that he had taken on lease about 12 acres of land belonging to Dera Smadh Baba Maddu Dass (Dera Jandha Sahib) at Alawalpur and was cultivating the same for the last 17 years. On 14/5/2015 while he was at home, he came to know that Malkiat Singh-respondent No.2/accused alongwith 40-50 unknown persons and 12-13 tractors armed with deadly weapons with intention to forcibly dispossess the petitioner, destroyed the crops of sugar, chilly and wheat crops standing in the fields. When the petitioner reached at the spot, respondent No.2-Malkiat Singh and his associates fled away from there. Pursuant thereto, the investigation was concluded, challan submitted and the trial commenced.
(3.)In the meantime, the petitioner-complainant also filed a civil suit titled as 'Sukhdev Kumar Chodha versus Malkiat Singh' for permanent injunction. The accused-Malkiat Singh (defendant therein), filed a written statement alleging that he is in possession of the suit property on the basis of one alleged pattanama. The said civil suit was duly contested by both the parties and after hearing both the parties on merits, the Court of the Civil Judge (Junior Division), Jalandhar passed a decree in the suit of the complainant-petitioner on 22/5/2019, as per which the Court came to the conclusion that the defendant-Malkiat Singh had failed to prove his possession over the suit property whereas the plaintiff by leading cogent action and convincing evidence had proved that he is in possession of the suit property being a lessee and was, thus, entitled to the relief of permanent injunction.


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