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2020 Supreme(Pat) 345

CHAKRADHARI SHARAN SINGH
Sudhir Kumar – Appellant
Versus
Union of India through the Secretary, Ministry of Home Affairs, Government of India, New Delhi – Respondent


Advocates Appeared:
For the Petitioners: Mr. Shama Sinha, Adv
For the Respondents: Mr. S.D.Sanjay (Add. S.G) Mrs. Punam Kumari Sinha, CGC Mrs. Priya Gupta, Adv.

JUDGMENT :

The petitioner is son of one Dinesh Yadav. Full brother of Dinesh Yadav had lodged an FIR on 01.08.2014 giving rise to Gaya Muffasil P.S. Case No. 370 of 2014 with the allegation that he, with the help of his labourer, was making ridge in his agricultural land when the petitioner, petitioner’s father, petitioner’s mother and petitioner’s sister came variously armed. The petitioner was carrying a pistol, petitioner’s mother and his sister were carrying lathis whereas petitioner’s father was carrying a khanti (Iron rod sharpened at one end). It was alleged against the petitioner in the FIR that at the point of pistol he had snatched a chain. There is allegation against the petitioner’s father of having made assault on one Santosh Yadav with khanti and petitioner’s mother and sister on the informant with lathis causing injuries. No allegation in the FIR was there against the petitioner of having caused any physical assault leading to any physical injury. Family feud is manifestly the reason behind lodging of the FIR, which can be easily culled out on reading of the FIR itself.

2. Be that as it may, the criminal case was registered, levelling commission of the offence punisha

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