Vijender Singh Malik, J. - (1.) The present petition under the provisions of section 482 Cr.P.C. has been brought by Nain Sukh Dass Sukh Ram Dass Parvarik Dharamarth Trust (Regd.), Farookhnagar, District Gurgaon (for short "the Trust") through Shriniwas Gupta, its Secretary and authorised signatory, challenging the legality of the order dated 24.3.2012 passed by learned Additional Sessions Judge, Gurgaon, whereby, respondents No. 2 and 3, namely, Gauri Shankar and Aashish have been ordered to be discharged from the trial originating in FIR No. 199 dated 19.12.2006 at Police Station Farookhnagar, District Gurgaon for an offence punishable under sections 448, 188 read with section 120B of Indian Penal Code.
(2.) The complainant, Shri Niwas Gupta brought the complaint on which the FIR was registered on the following allegations:-
(3.) Nainsukh Dass alias Nanwa Mal and Sukh Ram Dass alias Sukhan Mal were ancestors of Shri Niwas Gupta as well as respondents No. 2 and 3, named, Gauri Shankar and Aashish. They formed a trust with the aforesaid name. There have been 14 shops and other properties as also open land of Dharmshala. The trust has elected President and Secretary. Said Trust gave a shop to Sheo Chand Saini on rent vide rent deed dated 18.2.1983. The complainant filed an ejectment petition against said Shiv Chand before Rent Controller, Gurgaon which succeeded. The appeal against the order of eviction was dismissed vide orders dated 30.11.1999. The complainant got the possession of the said shop under the orders of the court through Ballif on 29.1.2001. Aggrieved by the aforesaid events, Sheo Chand and the other accused including respondents No. 2 and 3 hatched a conspiracy and broke open the lock of the shop and took away the table, chair and other material of Dharamshala. Sheo Chand, his wife Usha Saini and their son Hans Raj Saini took forcible possession of the shop. This act was done by them at the behest of Radhey Sham Aggarwal, Gauri Shankar Aggarwal and Ashish Aggarwal who have been arrayed as accused No. 4 to 6 in the complaint because it was the contention of Sheo Chand in the ejectment petition that he had been paying rent to Radhey Sham Aggarwal, accused No. 4. In this situation, the complainant has filed a suit for possession of the shop against accused No.1 who is in illegal possession thereof. When the complaint went to the accused persons, they threatened to kill him if he ever tried to enter the shop.;