- (1.) K. N. Sinha, J. The application under Section 482 Cr. P. C. has been filed for quashing of the order dated 12-7-2002, passed by the Chief Judicial Magistrate, Etawah in Criminal Case No. 796/2000, Satyavir Singh v. Smt. Chhaya William and another, under Sections 454, 380 and 120-B, Indian Penal Code.
(2.) THE brief facts, giving rise to the present petition, are that Satyavir Singh Yadav, the respondent No. 2, filed an application under Section 156 (3) Cr. P. C. before the Chief Judicial Magistrate, Etawah, who treated the same to be a complaint and after recording statement under Sections 200 and 202 Cr. P. C. ordered for summoning of the accused applicants for the alleged offences. THE respondent No. 2 was working as a Ward Boy in the District Hospital, Etawah and on the day of occurrence, i. e. , 28-1-2002, he alongwith his wife and children had gone out, the applicants broke open the lock, took the possession of the room of respondent No. 2 stealing his articles. THE respondent No. 2 made effort to lodge an FIR, but did not succeed and the present application under Section 156 (3) Cr. P. C. was moved, which was treated as complaint and after enquiring under Section 202 Cr. P. C. issued the process against accused. The summoning order was challenged on the ground that allegations made in the complaint are totally baseless. The disputed quarter is situated in the Nurses' Mess and respondent No. 2 cannot be permitted to occupy the same. It was allotted in the name of a nurse Smt. Mithlesh, who was posted in the District Hospital, Etawah and it was vacated by her when she was allotted a type-II quarter. Thereafter, the Chief Medical Superintendent, District Hospital, Etawah allotted this quarter to applicant No. 1 by his order dated 20-12-2001. Smt. Mithlesh vacated the quarter but some articles remained inside the room, which was taken out and a list was prepared. The Chief Medical Superintendent was informed about the list of articles, which is Annexure-6 and allegations in the complaint are incorrect. The respondent No. 2 filed a counter-affidavit, in which the fact of filing of application under Section 156 (3) Cr. P. C. treating it to be a complaint etc. have not been disputed. However, it was stated that Smt. Mithlesh, the previous allottee, had vacated the quarter on 11-9-2001 and the respondent No. 2 was orally permitted to occupy the same. The respondent No. 2 occupied the said quarter on 15-9-2001 in the capacity of Ward Boy of the Hospital and the copy of order is Annexure CA-3. The applicants broke open the lock of respondent No. 2, when he was out alongwith his family. The respondent No. 2, then informed the matter to Station Officer, Civil Lines Police Station and Senior Superintendent of Police and moved an application under Section 156 (3) Cr. P. C. which was treated to be a complaint. On the date of occurrence, the respondent No. 2 was in the actual possession of the said premise. He has denied the allotment of the premise in favour of applicant No. 1 and stated that the order dated 20-12-2001 was secured by misrepresentation. The articles did not belong to Smt. Mithlesh. It is further deposed that if there was any allotment order, the possession should have been taken through process of law.
(3.) THE rejoinder-affidavit was filed on behalf of the accused applicants reiterating the stand taken in the application and further alleging that respondent No. 2 was never allotted the said quarter, but he has forcibly and illegally put his some articles inside the quarter. I have heard the learned Counsel for the parties and perused the affidavit, counter-affidavit, rejoinder-affidavit and the annexure therewith.;