- (1.) This petition under Section 482 of the Code of Criminal Procedure seeks quashing of FIR No.117 dated 12.12.2008 which has been registered against the petitioners at Police Station Laduwal, Distt. Ludhiana under Sections 341/447/511 IPC.
(2.) At the centre of the dispute as per the allegations set out in the FIR it seems that there is some road which has been constructed by few persons collectively in some portion which belongs to Balwant Singh regarding which there has been a sale executed by said Balwant Singh to one Pankaj Malhotra, but despite the sale Balwant Singh was trying to take possession of the road as he wanted to extract more money. It is alleged that Balwant Singh has also executed an agreement to sell his land with M/s Vikas Building House Society and that he has parted his possession in favour of that society. Due to wrongful means adopted by said Balwant Singh to take possession of the road loss has been caused.
(3.) If the entire FIR which has been extracted in the petition itself is to be seen, then none of the ingredients envisaged for effectively inviting the allegations of violation of Sections 341, 447 and 511 IPC are made out. Section 341 IPC pertains to wrongful restraint of a person. Not a whisper has been made in the allegations regarding any person being wrongfully restrained. Similarly, Section 447 IPC pertains to criminal house trespass and if the allegations are seen, then the whole dispute centers around the road which is a public thoroughfare. Likewise, in Section 511 IPC, which is an attempt to commit offence punishable with imprisonment for life, there is not an iota of any material to suggest an attempt of such a serious offence which Section 511 IPC takes into its fold.;