ORDER :

Sanjay Kumar Gupta, J.

1. Through the instant petition filed under Section 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C.) petitioners seek quashment of charge sheet/challan No. 29/16 dated 23.05.2016 in File No. 115/Challan presented on 06.06.2017 before the court of learned Chief Judicial Magistrate, Jammu and FIR No. 47/2016 dated 03.05.2016 registered against the petitioners for commission of offences under Sections 353, 323, 504 & 506 RPC.

2. The case of the petitioners is that petitioner No. 1 along with one Haji Mohammad Taqi was allotted EP H. No. 472 (measuring 3 Marlas 12 Sq. Ft.) situated at Talab Khatikan, Jammu. After his death, the petitioner No. 1 along-with one Showkat Ali was allotted the same. It is stated that the petitioner No. 1 is running a hotel under name and style M/s. Taj Hotel in front of the said land. The said structure over the land was being used for commercial purposes. It is further stated that the petitioner No. 1 along with Showkat Ali (Allottees) have been depositing yearly rent for E.P.H. No. 472 with the office of respondent Nos. 2 and 3, regularly for the past more than 50 years. It is further stated that at the time of yearly renewal of allotment in the year 1997 with regard to E.P.H. No. 472, the petitioner No. 1 and his brother approached the office of respondent No. 3 for deposition of the rent, but the same was deferred by the said respondents on the ground that renewal of allotment would be possible only when the rent for the premises would be enhanced. Thereafter, the respondent Nos. 2 and 3 went into deep slumber, on one hand they did not enhance the rent at all and on the other did not even accept the rent from the petitioner No. 1 on the ground that the same would be accepted only after being enhanced retrospectively. It is stated that the J&K Government has initiated a road widening project from Rajinder Bazar to Talab Khatikan and for the said purpose, it was requisite that some commercial structures be realigned/demolished and the said road project included demolition of the building structures belonging to the petitioners as well situated on E.P.H. No. 472, to which the petitioners were never averse.

3. Learned counsel for the petitioners stated that the respondent No. 2 in terms of its office communication No. RS-EP/472/618-20/2013 dated 02.12.2013 served a notice upon petitioner No. I whereby he was given one day to vacate EP H. No. 472. Talab Khatikan, Jammu so that the same can be dismantled/demolished. It is stated that petitioner No. 1 was running his business in the said building and it was impossible for him to suddenly vacate the same on such short notice served upon him in an illegal and unjustified manner, therefore, he immediately approached the respondent No. 2 and 3 who assured petitioner No. 1 that no such action would be taken against him. It is further stated that with regard to the road widening project, a meeting of various officials was convened on 11.03.2016, under the Chairmanship of ADC, Jammu wherein it was decided that the issue of road widening would be expedited and the individuals including the petitioner No. 1 would be suitably rehabilitated. Thereafter, another meeting was held on 24.03.2016 under the Chairmanship of ADC, Jammu wherein the rehabilitation of the petitioner No. 1 was main part of the agenda. It is stated that the minutes of the meeting envisage that the allotment of the petitioner No. I had already been cancelled on the basis of nonpayment of rent. It is submitted that on coming to know about the cancellation of allotment, the petitioner No. 1 again immediately approached the office of respondent No. 3 and he was assured that before any eviction is ordered against him, he would be rehabilitated suitably in a short span of time, process of which was already underway. On 03.05.2016 around 10-11 AM, the complainant along-with Assistant Custodian, Jammu, Additional Deputy Commissioner Jammu (Administration