NIRMAL YADAV,J - (1.) THE petitioner Company-Sigma Interactive India Pvt. Ltd., through its Managing Director, has filed this petition under Section 482 of the Code of Criminal Procedure seeking direction to respondent Nos. 1 to 3 to register a case under Sections 341, 417, 418, 420, 426, 427, 447 and 448 read with Sections 34 and 120-B of the Indian Penal Code against respondent Nos. 4 to 11 in pursuance of its complaint dated 27.4.2005 (Annexure P-5).
(2.) THE facts as per the pleadings of the petitioner, are that petitioner- Company is engaged in the business of providing information technology services in the field of software technology. Respondent No. 4 Sanjiv Sethi, Director of M/s. Gilard Electronics Private Limited (hereinafter referred to as 'Gilard') approached the petitioner-Company as they had approximately 16000 square feet constructed area on the ground floor. Accordingly, a registered lease-deed was executed for taking on lease only the administrative block comprising of 4000 square feet covered area, parking space and lawn located at C-131, Industrial Area, Phase VII, Mohali, by the petitioner-Company for a period of 5 years commencing from 1.5.2003 to 20.4.2008. The said period was extendable with the mutual consent of the parties and if lessee wanted to vacate the premises before the expiry of the lease period, then he was to give a notice of 3 months in writing. The petitioner-Company has invested a sum of over Rs. 1 crore in setting up its establishment at the rented premises. The petitioner has been regularly paying the rent @ Rs. 44,000/- per month to the landlord-Company. It is further pleaded that sometime in the month of December-January 2003 the Director of Gilard Company entered into a criminal conspiracy with M/s. Hutchison Essar South Limited (hereinafter referred to as 'Hutch') for leasing out the entire area i.e. 16000 square feet, including 4000 square feet leased out to the petitioner-Company. It was mutually decided between respondent Nos. 4 to 9 and Hutch that petitioner would be evicted/dispossessed from the portion rented out to it and possession would be handed over to Hutch. On the other hand, the petitioner-Company never gave any complaint to its lessor. In furtherance of the criminal conspiracy and common intention of Directors of Gilard and respondent Nos. 10 to 11, they initiated a spate of illegal actions against the petitioner-Company by threatening its officials to peacefully vacate the premises in its possession or they would be evicted by use of force. They started digging pits in front of main entrance of office of petitioner-Company to create obstacles for access to its office, which would be evident from photographs, Annexure P-2. On account of digging pits, the water supply was disconnected to the portion of petitioner-Company and, therefore, respondents committed the offence of mischief as defined under Section 425 IPC, which is punishable under Sections 426 and 427 IPC. Being aggrieved by the illegal action of Directors of Gilard, the petitioner-Company filed a civil suit before the Civil Judge, Kharar on 29.3.2004 for permanent injunction. Along with civil suit, an application for stay was also filed. After considering the facts and circumstances of the case, the civil Court vide order dated 20.5.2004 restrained the Gilard from disturbing and interfering in the peaceful possession of the petitioner-Company. However, the respondents in clear disregard of the stay order, started construction on petitioner's portion by spreading construction material all over the land forming part of petitioner's portion in order to obstruct the access to the office of petitioner-Company. On 23rd June, 2004, the electricity supply was disconnected to the petitioner's portion with a motive to bring at halt the functioning of the petitioner-Company. This act caused a lot of damage to the petitioner-Company i.e. to the tune of Rs. 1 lakh per day. The petitioner- Company through its Managing Director approached respondent No. 3 for registration of a case against respondent Nos. 3 to 11, but no action was taken as respondent No. 3 refused to register an FIR against the other respondents. The respondents have committed an offence of criminal trespass under Sections 441 and 442 IPC, which is punishable under Sections 447 and 448 IPC. The respondents have also cheated the petitioner by executing lease-deed in favour of Hutch on 26.2.2004 including the area which was leased to the petitioner. After disconnection of electricity supply, the petitioner approached the Punjab State Electricity Board for having a new electricity meter in its own name. The Punjab State Electricity Board demanded certain documents which were to be produced by the owner of the premises. But in spite of repeated requests made by the petitioner to the Directors of Gilard, the documents were not provided to the petitioner-Company. The petitioner- Company has made several complaints to respondent No. 3 to register a case against respondent Nos. 4 to 11 but no criminal proceedings have been initiated against the respondents.
(3.) ON notice of the petition, respondent Nos. 1 to 3 filed reply by way of affidavit of Harpreet Singh, PPS Deputy Superintendent of Police, Mohali, stating that on the basis of written complaint submitted by the petitioner, inquiry was got conducted by the DSP through SHO, Police Station Mohali and it was found that there was no truth in the complaint. The inquiry was approved by the Senior Superintendent of Police. It is further submitted that litigation is pending between the parties in the civil Court at Kharar.;