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2016 Supreme(HP) 618

TARLOK SINGH CHAUHAN
Usha Massand – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Petitioners:Mr. Sudhir Thakur and Mr. Anirudh Sharma, Advocates
For the Respondents:Ms. Meenakshi Sharma, Additional Advocate General, with Mr. R.M. Bisht, Ms. Parul Negi and Mr. Vikram Thakur, Deputy Advocate Generals, for respondent No.1, Mr. Vinod Chauhan, Advocate, vice Mr. O.C. Sharma, Advocate, for respondent No.2

JUDGMENT :

Tarlok Singh Chauhan, J.

This petition under Section 482 of the Code of Criminal Procedure seeks quashing of FIR No.36 dated 25.6.2015, registered at Police Station, Kasauli, District Solan, H.P. under Section 406 IPC and further for quashing notice under Section 91 of the Code of Criminal Procedure as also the consequent proceedings arising out of the same FIR.

2. It appears that on the complaint of respondent No.2, FIR No.36 of 2015 was registered at Police Station, Kasauli, District Solan, under Section 406 IPC. It is alleged in the complaint that petitioner No.1 was real sister of the complainant and when their mother fell ill, she was taken to Delhi and at that time she was having some ornaments and original FDR with her and remained admitted in hospital at Delhi for treatment, but thereafter expired on 5.4.2015. It was stated that the ornaments remained with petitioner No.1. It appears that the investigating agency on the basis of the aforesaid FIR, have issued notice under Section 91 of the Code of Criminal Procedure, which too is sought to be quashed by the petitioners in the instant proceedings.

3. It is evident from the facts narrated above that the dispute is main



































































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