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2013 Supreme(Del) 693

R.V.EASWAR
Kartar Singh – Appellant
Versus
Major Murlidhar – Respondent


Advocate Appeared:
For the Petitioner:Kishore Gojoria, Vikram Gujral, Anil K. Gujral, Advocates.
For the Respondents:Anil Sapra, Sr. Advocate with Gaurang Kanth, Ms. Snigdha Sharma, Advocates, Manoj Ohri, APP along with SI Pawan Kumar, P.S. Vasant Kunj.

Judgment :

1. This is a criminal revision petition filed against the order dated 22.05.2013 passed by the Additional Sessions Judge, Patiala House Courts, New Delhi. The prayer in the petition is for setting aside the aforesaid order and for restoration of the order passed by the trial judge on 30.01.2013 on the application filed by the revision petitioner under section 456(1) of the Cr.P.C. in case FIR No.164/1989.

2. The present petition has been filed in the following circumstances. One Major Murlidhar, the respondent No.1 herein, filed a complaint against Kartar Singh, the petitioner herein, his father Udai Ram and son Jai Prakash, which was registered at the Vasant Kunj police station on 02.09.1989 under sections 448/ 34 of the Indian Penal Code. The background of the complaint was this. Major Murlidhar had purchased a plot in village Rangpuri in the name of his wife Kamlesh, respondent No.2 herein, and his mother Lakshmi Devi and put up a boundary wall, two rooms and a hand pump. They obtained the possession of the property from the sellers. However, Kartar Singh and his father and son claimed themselves to be the owners of the property and trespassed into the said land. A com























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