JUDGMENT :

Sanjay Dhar, J.

The petitioner has challenged chare-sheet for offences under Sections 427, 448, 504 and 506 RPC filed by the Police Station, Gandhi Nagar, Jammu against him, which is stated to be pending before the Court of learned Judicial Magistrate Ist Class (3rd Additional Munsiff) Jammu. The charge-sheet has emanated from FIR No. 03/2017 of Police Station, Gandhi Nagar, Jammu.

2. Before coming to the contentions raised in the petition, it would be apt to narrate the facts, leading to filing of the impugned charge-sheet. On 15.12.2016, respondent No. 2/complainant presented an application under Section 156(3) before the Chief Judicial Magistrate, Jammu, alleging therein that he is a tenant of the property situated at 145 A/D, Green Belt Park, Gandhi Nagar, Jammu belonging to the petitioner. It was averred in the application that respondent No. 2 was running a restaurant in the demised premises under the name and style of Chanakaya’s Ethnic Vegetarian Food restaurant, but the petitioner and his son started abusing and threatening to forcibly evict him from the demised premises. It was also averred that in the morning of 14.12.2016, when respondent No. 2/complainant went to his aforesaid rented property, he found that the lock of the rear door, which opens towards the residence of the petitioner in a broken condition and he also found certain utensils lying over there in a broken condition, whereas some other items were found to be missing. The application goes on to mention that about a month back, similar occurrence had taken place and at that time, glass door of the demised premises was also broken. It was further averred that during the intervening night of 14th and 15th December, 2016, the petitioner had broken open one of the locks, leading to the kitchen of the aforesaid restaurant and taken away certain items and utensils and in its place, put his own lock. The applicant went on to allege that despite repeated requests to the SHO Police Station, Gandhi Nagar, Jammu to take action in the matter, no action was taken.

3. The aforesaid application of the respondent No. 2 was endorsed by the Chief Judicial Magistrate, Jammu to the SHO, Police Station, Gandhi Nagar, Jammu for taking necessary action under law and as a consequence thereof, FIR No. 03/2017 for offences under Sections 380, 454, 427, 504 and 506 RPC was registered by the police and investigation of the case was set into motion. After investigation of the case, the police found that the offences under Sections 448, 427, 506 and 34 RPC are established against the petitioner and his son, namely, Arjun Bhakri. The charge-sheet was, accordingly, laid before the learned trial Magistrate.

4. The petitioner has challenged the impugned charge-sheet on the ground that the story projected by the complainant/respondent No. 2 in his application made to the Chief Judicial Magistrate, Doda is inherently improbable, inasmuch as, as per the applicant’s own case, the occurrence has taken place during the intervening night of 14th and 15th December, 2016, but according to the contents of the application, the complainant had approached the police on 13.12.2016 itself. It is also contended that it was impossible for the complainant/respondent No. 2 to approach the police authorities, i.e., SHO, Police Station, Gandhi Nagar, Jammu and the SSP concerned on the same day and thereafter, make a complaint before the Chief Judicial Magistrate on that very day. It is further contended that the allegations made in the charge-sheet are absolutely false and frivolous and it is just a device to harass the petitioner. According to the petitioner, there is no legal evidence to support the charges laid against the petitioner and that the charge-sheet deserves to be quashed because the same is actuated with malafides, with an intention to victimize an old and infirm person.

5. I have heard learned counsel for the parties and perused the record including the record of the trial Court.

6.