JUDGMENT :

(Sanjay Dhar, J.) :

1. The petitioners have challenged the complaint filed by the respondent/ complainant against them alleging commission of offences under sections 323, 379, 380, 382, 451 and 506 RPC read with Section 120-B RPC which is stated to be pending before the Court of learned Chief Judicial Magistrate, Jammu. Challenge has also been thrown to order dated 27.05.2011 passed by the learned CJM whereby the learned Magistrate has, after observing that, prima facie, offences under sections 452, 323, 382, 506 RPC are made out against the petitioners, issued process against them.

2. It appears that the respondent/complainant has filed the impugned complaint before the learned trial Magistrate against the petitioners and co-accused alleging therein that, on 22.05.2009 at around 4.30 pm, the petitioners and co-accused came to the residence of the respondent/complainant and knocked at her door. Upon opening the door, the petitioners forcibly entered into her house along with certain gunda elements and started assaulting and abusing the respondent/complainant. It is further alleged that the respondent/complainant was mercilessly beaten by the petitioners and the co-accused. The respondent/complainant was manhandled, assaulted and abused by the petitioners, who are alleged to have threatened the respondent/complainant that they would not allow her to reside in House No. 9/10 Canal Road Opposite BSF Camp, Jammu.

3. It is alleged in the impugned complaint that, upon hearing noise, the son and daughter of the complainant who were sleeping inside the house tried to rescue the respondent/complainant from the clutches of the petitioner and co-accused, but they continued to give beating to the respondent/complainant, who was made to sign certain blank papers. It is further alleged that the petitioners and co- accused took away all the documents relating to the property from the almirah of the respondent/complainant and when she resisted, she was hit with a wooden log. It is also alleged that the police was in connivance with the petitioners who managed to take away not only the important documents, but also cash and jewelry by breaking open the lock of the almirah. The respondent further goes on to allege that instead of taking any action against the petitioners and co-accused, she was kept in a lock up at Women Cell, Canal Road, Jammu. According to the respondent/complainant, her house was ransacked and she was not allowed to go back inside her house. It is alleged that the respondent/ complainant was thrown out forcibly from her house as the petitioners do not want her to reside in it. In short, the respondent/complainant has alleged that the petitioners have forcibly taken over possession of her house.

4 After presentation of the aforesaid complaint, it seems that the learned trial Magistrate recorded the preliminary evidence and vide order dated 08.07.2008, instead of issuing process against the petitioners/accused, the learned Magistrate forwarded the complaint to Superintendent of Police, City South, Jammu for getting the accusations levelled in the complaint verified by an officer not below the rank of Dy. SP with specific directions to enquire into the following aspects:

(i) Whether complainant has been putting up in the house;

(ii) No. 9/10 Canal Road, Opposite BSF Camp Jammu on the day she was allegedly assaulted by the accused;

(iii) Whether the accused broke open the locks of almirah and took away the original documents and further obtained the signatures of complainant forcibly on blank papers; and

(iv) whether accused are denying access to the complainant to the house in question after