Smt. Premwati vs Mahenderpal, BDPO, Rai and others

Ram Chand Gupta, J.—The present petition has been filed u/s 482 of Code of Criminal Procedure for quashing of the order dated 21.04.2010 Annexure P-2 passed by learned Judicial Magistrate 1st Class, Sonepat discharging the respondents in complaint case No.640 of 2002 dated 23.08.2002 titled "Smt. Premwati Versus Mahenderpal and others" and order dated 15.07.2011 Annexure P-3 passed by learned Additional Sessions Judge, Sonepat dismissing the revision. I have heard learned counsel for the parties and have gone through the impugned orders passed by the Courts below. Brief allegations are that respondents who are B.D.P.O. Sarpanch and other office bearers of the Gram Panchayat had removed trees belonging to the petitioner. However, in support of her contention, she had examined only her relatives who used to reside outside the village.

Admittedly, she is an old lady of 92 years of age. It is admitted by the witnesses of petitioner-complainant that as per order of the Government, the encroachment on the panchayat land and government land was removed by B.D.P.O., Tehsildar and other Government officials and that B.D.P.O. and Tehsildar were discharging their official duties.

Petitioner has failed to show prima facie that trees were standing on her land and that the same were removed by the respondents. Sufficient reasons have been given by the Courts below in passing the impugned orders.

Hence, in view of the aforementioned facts, it cannot be said that any illegality or material irregularity has been committed by learned Courts below in passing the impugned orders or grave injustice or gross failure of justice has occasioned thereby, warranting interference by this Court. There is no merit in the present petition. The same is hereby dismissed.