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2007 Supreme(SC) 1359

S.B.SINHA, HARJIT SINGH BEDI
Rajinder Singh Katoch – Appellant
Versus
Chandigarh Administration – Respondent


judgment

S.B. Sinha, J. —

1.Leave granted.

2.Appellant and respondent No.4 herein are brothers and co-sharers. They jointly possess some properties. Appellant herein allegedly came to Chandigarh to reside in the family house sometimes in 2001. He allegedly kept his belongings there and came back to Delhi.

3.In 2002, he, when came to Chandigarh, was allegedly restrained by his brother from entering into the house. His complaint to the Police Station went unheeded. First Information Report, according to him, was not registered despite the fact that it disclosed a cognizable offence.

4.He filed an application under Section 482 of the Code of Criminal Procedure before the Punjab and Haryana High Court. The said application was dismissed by reason of the impugned judgment, stating :

“The petitioner has filed this petition under Section 482 of the Cr.P.C. for issuing directions to respondents No.2 and 3 to register a case against respondent No.4 for house trespass and theft. Respondent No.4 is the real brother of the petitioner. The said house in question is a joint property of seven legal heirs. After the death of father of the petitioner, the same has been inherited by seven persons. In th











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