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2015 Supreme(Del) 360

S.P.GARG
Narinder Kaur Oberoi – Appellant
Versus
State – Respondent


Advocates Appeared:
For the Petitioners:Sanjeev Anand with Yakesh Anand, Arush Khanna, Murari Kumar, S. Anand, Advocates.
For the Respondents:R2, Navin K. Jha, APP, Mohit Mathur with Gurbaksh Singh, Advocates.

JUDGMENT

S.P. GARG, J.

1. The instant revision petition has been preferred by the petitioners to impugn the legality and correctness of an order dated 11.04.2014 of learned Additional Sessions Judge by which charge under Sections 323/325/341/308/34 IPC was ordered to be framed against them. The petition is contested by respondent No.2.

2. I have heard the learned counsel for the parties and have examined the filing including the authorities relied upon by them.

3. Admitted position is that both the parties are closely related to each other and live separately in the same building. A religious function was organized on 18.05.2012 and many relatives including both the parties participated therein. It appears that a dispute arose between the parties over possession of mezzanine floor. Both the parties claimed themselves to be the owner-in-possession of mezzanine floor in the building. Undisputedly, in the said quarrel people from both sides sustained injuries and they were taken to Jai Parkash Narayan Apex Trauma Centre (AIIMS) for medical examination. After requisite treatment, injured persons from both the sides were discharged. Injuries sustained by respondent No.2 were opined ‘simple







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