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Judgment
Anand Pathak, J
Heard on admission/stay.
2 . Instant petition under Section 482 of the Cr.P.C. has been preferred by the petitioners taking exception to registration of FIR vide Crime No.795/2023 at Police Station Kotwali District Guna for offence under Sections 452, 323, 294, 506, 354, 427, 147, 148 of the IPC.
It is the submission of learned counsel for the petitioners that petitioner No.1/Akhilesh Jain filed a suit against parents of complainant and obtained decree vide judgment dated 26.03.2021, thereafter, execution was filed in which an application was filed by the complainant under Order XXI Rule 97 of CPC but same stood dismissed vide order dated 28.08.2023. Later on, Kabza warrant was issued and baliff and other court staff went to the spot to give possession to the petitioner No.1. Vide spot map memo dated 21.09.2023, possession was taken forcibly from complainant and possession was give to the petitioner No.1 and two days thereafter he filed complainant as referred above.
Whole proceedings went in accordance with law and in fact complaint filed by the respondent No.2 amounts to abuse of process of law.
5 . Issue notice to the respondents on payment of process fee within seven working days through registered A.D. mode, returnable within four weeks.
Till next date of hearing, looking to the nature of dispute, no coercive action shall be taken by the police authorities in the matter.
List this case in the week commencing 20.11.2023.