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2016 Supreme(HP) 1515

TARLOK SINGH CHAUHAN
Mohinder Singh Gupta – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Petitioners:Mr.Sudhir Thakur and Mr.Anirudh Sharma, Advocates.
For the Respondents:Mr.J.S. Guleria, Assistant Advocate General, Mr.Dinesh Kumar, Advocate

JUDGMENT :

Tarlok Singh Chauhan, Judge.

This petition under Section 482 of the Code of Criminal Procedure seeks quashment of FIR No.12/2015 dated 19.01.2015, registered at Police Station, Sadar, Solan, District Solan, under Sections 341, 506, 511, 427 and 34 of IPC and for quashing of order of cognizance dated 10.04.2015 taken by the learned Judicial Magistrate 1st Class, Court No.II, Solan, in case titled ‘State of H.P. versus Mohinder Singh Gupta and others’ in Case No.18/2 of 2015.

2. Petitioners No.1 to 3 are the officials of the Himachal Pradesh Futuristic Communication Limited, Chambaghat, (in short ‘HFCL’) whereas, petitioner No.4 is a Contractor by profession. The ‘HFCL’ is in possession of the land comprised in Khasra No.2279/404, Khata/Khatauni no.697/863 min and 955/665 on the spot.

3. It is not in dispute that Company has filed a Civil Suit No.178/1 of 2009 against respondent No.2 on the ground that respondent No.2 is interfering in the land possessed by the Company.

4. It is also not in dispute that the Civil Court on 12.11.2009 granted interim injunction in favour of the Company and thereafter the said order was made absolute on 02.05.2011.

5. It is further not in dispute t










































































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