- (1.) Leave granted.
(2.) On 12.02.2016, Dr. Raj Saini, the appellant herein lodged an FIR, inter alia, alleging that she was in possession of half portion of a nursing home along with her son and that a civil litigation was going on in relation to the said property and that her husband, Dr. Parkash Saini and his family members intended to dispossess them forcibly and illegally. On 11.02.2016, at about 1.45 p.m, Dr. Parkash Saini along with his sister, Sheela Devi and certain other persons came at the property in her possession and asked her to vacate it, failing which they will kill her. Dr. Parkash Saini and his henchmen attacked them with iron rods, dandas, knives, pistols etc. and that on the call of the Dr. Parkash Saini, they broke open the door of a room with an intention to dispossess them forcibly and illegally. When they protested, they were assaulted. The matter was reported to the police and on hearing siren of the police vehicle, all the accused ran away. On the basis of the statement, an FIR was registered. The investigating officer took possession of the medical records from the hospital and also recorded the statement of the eye witnesses. Some incriminating articles were recovered from the spot.
(3.) On 16.02.2016, Dr. Parkash Saini was arrested for commission of offence(s) punishable under sections 147, 149, 323, 324 and 506 IPC and he was produced before the magistrate. The police prepared a report under Section 173 Cr.P.C. and charge-sheeted Dr. Parkash Saini for commission of above offence(s) and he was released on regular bail. Later on, the matter was further investigated on the basis of CCTV footage recording, some more culprits were identified and the police introduced the offences under Sections 455 and 427 I.P.C. and some other accused, including Rahul Kumar were arrested. Proceedings to arrest Dr. Parkash Saini for the added offences, under Sections 455 and 427 I.P.C., were also initiated.;