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2017 Supreme(HP) 219

TARLOK SINGH CHAUHAN
Himachal Pradesh Cricket Association – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioners:Mr. P.S. Patwalia, Senior Advocate, with M/s Abhinav Mukerji, Parshotam Chaudhary, Vikrant Thakur and Amit Kumar Dhumal, Advocates.
For the Respondents:Mr. Shrawan Dogra, Advocate General, with Ms. Meenakshi Sharma, Mr. Rupinder Singh, Addl. Advocate Generals, Mr. Kush Sharma, Dy. Advocate General and Mr. J.S. Guleria, Assistant Advocate General.

JUDGMENT :

Tarlok Singh Chauhan, J.

Since common questions of law and fact arise for consideration in these petitions, therefore, they were taken up together for hearing and are being disposed of by a common judgment.

2. All the petitioners are office bearers of the Himachal Pradesh Cricket Association (for short ‘HPCA’ i.e. Petitioner No. 1 in Cr.MMO No. 285 of 2015) and have sought quashing of FIR No. 14 of 2013, dated 3.10.2013, registered under Sections 447, 201, 120-B IPC and Section 3 of Prevention of Damage to Public Property Act (for short ‘PDPP Act’) and Section 13 (2) of Prevention of Corruption Act (for short ‘PC Act’), wherein, HPCA alongwith other co-accused including the petitioners herein have been accused of illegally encroaching upon the land comprising Khasra No. 3673/3547/3335, measuring 720 sq. mtrs. situated in Mohal Civil Station, Dharamshala (hereinafter referred to as ‘land in question’).

3. In addition thereto, they have also sought quashing of charge-sheet filed in the aforesaid case, which has now been registered as Case No. 14 of 2014 and is pending in the Court of learned Special Judge, Kangra at Dharamshala.

4. The aforesaid FIR emanates from a complaint ma





















































































































































































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