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2024 Supreme(SC) 243

B. R. GAVAI, SANDEEP MEHTA
Shiv Prasad Semwal – Appellant
Versus
State of Uttarakhand – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Aditya Samaddar, AOR Mr. R K Mohit Gupta, Adv. Mr. Karan Kumar Gogna, Adv. Mr. Rahul Pratap Singh, Adv. Mr. Akshay Sahni, Adv.
For the Respondent(s): Mr. Jaswant Singh Rawat, AOR Mrs. Kamlesh Pant, Adv. Mr. Krishan Chand Sharma, Adv. Mr. S K Gandhi, Adv. Ms. Nidhi Jaswal, AOR

JUDGMENT :

Mehta, J.

1. Leave granted.

2. The appellant herein calls into question the order dated 20th July, 2020 passed by the learned Single Judge of High Court of Uttarakhand whereby Criminal Writ Petition No. 881 of 2020 preferred by the appellant for assailing FIR No. 31 of 2020 registered for the offences punishable under Sections 153A, 500, 501, 504, 34 and 120B of the Indian Penal Code, 1860(hereinafter being referred to as the ‘IPC’) at P.S. Muni Ki Reti, District Tehri Garhwal was dismissed.

3. Shorn of details, the facts relevant and essential for disposal of the appeal are noted hereinbelow.

4. The respondent No.3 Shri Rajeev Savara filed a complaint to the SHO P.S. Muni Ki Reti, District Tehri Garhwal alleging inter alia that he owns land admeasuring 1.196 hectares(approximately 15.94 bighas) situated on National Highway No. 7 at village Singthali, Tehsil Narendra Nagar, District Tehri Garhwal, Uttarakhand. He had formed a trust by the name, Savara Foundation of which he is the founder and also Chairman of the Board of Trustees. He claimed to be an internationally recognised domain expert of pre-modern, modern visual and decorative Indian arts, having served on the advisor

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