MOHAN LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This is a petition by the complainant, Mohan Lal, under Section 482, Criminal Procedure Code. 1972 (the 'Code') read with Article 227 of the Constitution of India for setting aside order dated July 16, 1991, passed by Additional Chief Judicial Magistrate, Rewari and for a direction to the said Magistrate to frame charge under Section 427 Indian Penal Code (IPC) against the accused person.

(2.) An F.I.R. was lodged by the petitioner, Mohan Lal, at P.S. Dharuhera, District Rewari, alleging offences under Sections 147/148, 341, 342, 426, 489 and 506, I.P.C. It was stated in the FIR that the accused persons formed an unlawful assembly on August 29, 1987 and restrained the complainant and the members of his family from entering the complainant's house. They were armed with deadly weapons and they threatened to kill the complainant. They also constructed a wall in front of the main gate of the house of the complainant so as to restrain him from entering his house or taking out his tractor parked in the courtyard of the house. It was alleged that, as a result of the construction of wall, the tractor could not be moved and used for a period of 11 months, which resulted in a loss to the complainant to the tune of Rs. 80,000/-.

(3.) The learned Judicial Magistrate, I Class, Rewari, framed charges under Section 147, 341 and 506, IPC, against the accused persons after the Police had filed a challan in the Court. An application was filed by the complainant, Mohan Lal, for adding other charges including the charge under Section 427 IPC. The learned Additional Chief Judicial Magistrate, Rewari, ordered on July 16, 1991 that charge under Section 147, IPC, be altered to charges under Sections 148 and 149, IPC. He, however, declined the prayer for adding the charge under Section 427, IPC.