- (1.) In the instant petition filed under Section 482 of the Code of Criminal Procedure, 1973, (for short 'Cr.P.C.'), challenge is to the Criminal Complaint No. 39/1 of 13.09.2007 (Annexure P-1) titled as 'Nirmal Harjit Singh V. Sikander Singh', under Sections 500 and 406 of the Indian Penal Code as well as summoning order dated 28.02.2009 (Annexure P-9) passed by Additional Chief Judicial Magistrate, Ludhiana and all consequential proceedings arising therefrom.
(2.) Brief facts of the case are that petitioner No.1 and respondents are brothers and petitioner No.2 is son of their sister.
(3.) Father of the respondent-complainant died in the year 1985 and the mother of the complainant died in 1995. Father of the petitioner No. 1 and the respondent left behind some properties at Kolkata, Ludhiana and Chandigarh. It is alleged that a Will was executed by the father in favour of the complainant as well as the mother of the complainant, namely, Kant Kaur. After the death of the father, the mother started residing with the respondent-complainant and she executed a Will in favour of the sons of the respondent-complainant and mother died in the year 1995. The property was transferred in the name of Jasjit Singh an adopted son of petitioner No.1 and Manpreet Singh, son of the respondents. Petitioner No.2 is also the son of the real sister of the complainant. They were annoyed as to why the Will has been executed in favour of the complainant and his sons. In order to blackmail and pressurize the respondent-complainant, firstly they moved false applications against the respondent-complainant and his sons as well as the son-in-law. One of the application was given to the Senior Superintendent of Police and a copy was sent to S.H.O. Police Division No. 5, Ludhiana. The police officials visited the house of the respondent-complainant and also made enquiries into the alleged complaint of the petitioners and found the same to be false and complaints were dismissed. Thereafter, other complaints were also moved which met the same fate. Feeling aggrieved against the false complaints and defamation of the respondent-complainant and his family members, the respondent-complainant filed a complaint dated 13.9.2007 (Annexure P-1) in which the petitioners have been summoned vide summoning order dated 28.2.2009 (Annexure P-9).;