G.L. Gupta, J. - (1.) This misc. petition under Sec. 482 Cr. P.C. is directed against the order date 25.2.1995 passed by the learned Judicial Magistrate, Doongla whereby he took cognizance under Sec. 147, 447, 342 IPC and Sec. 3(V) of the S.C./S.T. (Prevention of Atrocities) Act against the petitioners.
(2.) Mr. Rastogi contends that the petitioners were in possession of the disputed land lor many years and there is even the judgment of the Revenue Board in their favour and therefore there was no question of committing criminal trespass by them. His submission is that without giving notice to the petitioners, the possession of the land could not be handed over by the revenue authorities to eomplainant-respondents.
(3.) The learned P.P. and Mr. Jain, on the other hand, support the order of the Magistrate. The contention of Mr. Mridul Jain is that the petitioners had forcibly taken the possession of the land and, respondent Bagdi Ram was repossessed on the land on 3.2.1993 by the S.D.M. and thereafter the land remained in his possession and he had raised the crop thereon but the same was damaged by petitioners.;