Penal Code, 1860–Sec. 379 [Corresponding Sec. 303(2) of BNS, 2023]–FIR for the offence–Sustainability–Neither the complainant was having exclusive possession and ownership over the property nor there appears any dishonest intention of the accused-petitioner in removing the crop from the field–Civil suit was pending between the parties in which the issue of possession was decided in favour of petitioner–FIR is liable to be quashed.
