JUDGMENT

Mr. Ashok Kumar Verma, J. (Oral)

The petitioners have filed the present petition under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail in case FIR No.240 dated 15.09.2022 registered under Sections 379 , 406, 427, 465, 466, 467, 468, 471, 474, 120B and 506 of the INDIAN PENAL CODE , 1860 at Police Station Model Town, District Hoshiarpur.

2. The above-said FIR was registered on a complaint made by Gurminder Singh Bedi alleging that when he along with his family went to his ancestral House i.e. House No.426, Gali No.07, Old Post Office Road, Mohalla Kamalpur, Hoshiarpur, he was surprised to see that the Caretaker of the house had broken all the locks of house, stolen his belongings and started repair and renovation of the house.

3. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case. Petitioner No.1-Kamlesh Kaur @ Kamlesh Rani filed suit for permanent injunction as Power of Attorney holder of petitioner no.2-Hardyal Singh @ Hardayal Singh against the complainant which is pending adjudication before learned Civil Judge (Junior Division), Hoshiarpur. In 1996 Ved Kaur, owner of the house in question, had filed ejectment petition under Section 13 of the EAST PUNJAB RENT RESTRICTION ACT , against petitioner No.2-Hardyal Singh @ Hardayal Singh, which was allowed by the Court of learned Rent Controller, Hoshiarpur. Petitioner No.2 had filed appeal against the said order which was allowed by the then District Judge, Hoshiarpur and the ejectment petition was dismissed. The petitioners had been enjoying peaceful possession of the suit property since 1987. The petitioners have been paying the property tax of the property in dispute. The petitioners are also paying the electricity bill and the electricity meter is installed in the name of the petitioner. Now, the complainant along with his family and 02 unknown persons opened the gate of the house in dispute and forcibly entered into the house. The matter is civil in nature and civil proceedings are pending between the parties. The petitioners have complete record of their house in possession and under the grab of present FIR, the complainant party wants to throw them out of their house. Nothing is to be recovered from the petitioners and their custodial interrogation is not required in the case. The petitioners are already ready and willing to join the investigation.

4. Per contra, learned State counsel and learned Senior counsel for the complainant have vehemently opposed the present petition in terms of status report filed by the State which is already on record. Learned State counsel submits that though in compliance with order dated 07.10.2022 passed by this Court, the petitioners have joined the investigation but they are not co-operating. For thorough investigation of the case, custodial interrogation of the petitioners is necessary.

5. Learned senior counsel for the complainant submits that the petitioners had taken one room on rent in the house in question from Ved Kaur and with the passage of time they have grabbed the entire house. The petitioners have trespassed the house, committed theft and produced forged documents. Therefore, the present petition may be dismissed.

6. Having heard learned counsel for the parties, I am of the view that the allegations against the petitioners are serious in nature. As per status report filed by the State, during investigation record of the owner of the electricity meter No.BA-34/0275 inst