HARISH PURI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present application under Section 378(4) of the Code of Criminal Procedure has been preferred against the judgment dated 07.01.2017 passed by learned Additional Sessions Judge, Hoshiarpur, vide which respondents No.2 and 3 were acquitted of the charges framed against them by setting aside the judgment of conviction and order of sentence dated 12.10.2016 passed by the learned Judicial Magistrate Ist Class, Hoshiarpur, in case FIR No.240 dated 06.07.2008 under Sections 380/457 of the IPC, registered at Police Station Model Town, Hoshiarpur.

(2.) Brief facts of the case are that on 27.02.2008, applicant-complainant, Harish Puri moved a written complaint to Sr. Superintendent of Police against Tarlochan Singh and Gurmail Singh, Managers, Azad Transport Company, District Hoshiarpur, in respect of taking illegal possession of the shop in question and committing theft of articles lying therein. It was averred that father of complainant namely Hari Mttar had taken the shop on rent in the year 1960. After his death, mother of complainant had started running Lunch Home as well as PCO in the said shop. Accused persons mentioned above were having good political connections and they had been threatening mother of complainant to get the shop vacated illegally and forcibly. Because of the threats given by accused persons, mother of complainant filed a civil suit in the court and Mrs. Vipan Deep Kaur, PCS, the then Ld. Civil Judge (Jr. Division) Hoshiarpur. The Court, on 14.02.2008, passed status quo order qua possession. On 23.02.2008, accused persons appeared in that suit through their counsel Shri K.C.Mahajan, Advocate and took an adjournment to file the written statement and reply to stay application. On 23.02.2008, complainant went to his home after closing the shop since his mother was ill. In the morning of 24.02.2008 at 9:30 a.m., when he came to the shop for opening the same, he found that lock of the shop was changed. Accused persons after breaking the lock of complainant had put their own lock on the said shop. Accused persons had again threatened complainant in the shop. There was one deep Freezer, one fridge make LG 200 lts. one colour T.V. 20"? make Samsung, one dish make Tata Sky, two inverters, two counter Aluminium, two gas cylinders commercial of Man company, four gas cylinders (small) 50 plates steel small, 50 plate steel Full size, five Pateelas (brass pots), Mixer, 15 boxes of Pepsi, 20 boxes of Coke, 20 chairs (steel) 5 tables, 4 computers, 4 phone hand set connection, 2 Cabin Aluminium, 2 ceiling fans, two standing fans, 2 coolers, 2 exhaust Fans, 3 burners, (Chulhas), all amounting to Rs.4 lakh. It was, thus, averred that the complainant had a suspicious that all the articles mentioned above had been stolen by the accused persons.

(3.) His mother was a tenant in the said shop and accused persons had forcibly taken possession of the shop. On the basis of the said complaint, FIR had been registered against accused persons for commission of offences punishable under Sections 380 and 457 of the IPC.