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2013 Supreme(HP) 704

DHARAM CHAND CHAUDHARY
Sanjeev Bhardwaj – Appellant
Versus
Sate of H. P. – Respondent


Advocates:
For the petitioners:Mr. P.P. Chauhan, Advocate for the petitioner.
For the respondent:Mr. D.S. Nainta andMr. Virender Verma, Addl. Advocate Generals with Mr. Pushpinder Singh Jaswal, Deputy Advocate General for respondents No. 1 to 4. Mr. Vijay Arora, Advocate for respondent No.5.

JUDGMENT

Dharam Chand Chaudhary, J. (Oral): Challenge is to the order dated 1.2.201 2, passed by learned Chief Judicial Magistrate, Lahaul Spiti at Kullu, in case No.138-1 of 2011, whereby in view of the preliminary evidence led by respondent Smt. Sheela Devi, hereinafter referred to as ‘the complainant’, on finding sufficient grounds to proceed further against the accused persons under Sections 427, 447, 506 read with Section 34 IPC, they all have been summoned in the case. Petitioner is one of the accused persons in the trial Court.

2. By filing this petition, inherent jurisdiction of this Court under Section 482 Cr. P.C. is sought to be exercised for quashing of impugned order on the ground, inter-alia, that from the preliminary evidence produced by the respondent- complainant, allegations of her alleged beating by the accused persons, have not at all been established, as CW1 Dr. Mrs. Abhilasha Thakur, who medically examined her, did not notice any injury on her person. Also that the dispute, if any between the parties, as disclosed from the complaint, is purely civil in nature and no criminal liability arises out of the same. The complaint allegedly is counter blast of the compl













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