V.S. DAVE, J.—This Misc. petition has been field on behalf of the accused petitioners in Criminal Case No. 36/84 Beharilal vs. Ramotar pending in court of the Addititonal Chief Judical Magistrate, Neem-ka-Thana with prayer to quash the proceedings pending against them.

2. There is a chequered history of litigation between the parties in the instant case as is borne out from the complaint it self. The complainant non petitioners case starts with the compliant filed on 28.02.1983 for an incident alleged to have taken place on 16th February. 1983 wherein the complainant stated that in Neem-ka-thana town, he owned a half constructed shop near Kapilmurti in Kapil Mandi Adjecent to his shop of Gyarsilal, which is on rent with Ramotar accused, is situated. About this half constructed shop, a suit was filed by plaintiff against Gyarsilal and Ramotar for permanent injunction wherein accused No. 1 filed a reply to the effect that land belongs to Gyarsilal and on this a docree was obtained on 6.05.1976. Thereafter, on 28.12.1977. Ramotar trespassed into the shop, damaged and removed the debries for which the complainant Prabhulal filed a report before the Police on which the accused persons we

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