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2019 Supreme(HP) 1038

CHANDER BHUSAN BAROWALIA
Ming Chung Dorjee – Appellant
Versus
State Of H. P. – Respondent


Advocates:
Advocate Appeared:
Umesh Kanwar, Adv., Shiv Pal Manhans, Adv., P.K. Bhatti, Adv., Svaneel Jaswal, Adv., R.L. Chaudhary, Adv., H.R. Sidhu, Adv.

JUDGMENT :

Chander Bhusan Barowalia, J.

The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code"), has been maintained by the petitioner for quashing of F.I.R No. 182/16, dated 01.07.2016, under Section 188 of the Indian Penal Code, registered at Police Station Balh, District Mandi, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

2. Briefly stating the facts, giving rise to the present petition are that the petitioner had filed RSA No. 204/2013 against the judgments passed by learned Courts below before this Court and this Court vide order dated 03.03.2016, passed interim order restraining respondent No. 2 from raising construction and changing the nature of the suit land. However, despite interim order, respondent No. 2 demolished the Khokhas existing on the suit land. Accordingly, this Court vide order dated 14.03.2016 directed the police authorities to ensure the compliance of order dated 03.03.2016. The police authorities in supervision of S.I., Incharge Rewalsar, visited the spot and directed respondent No. 2 to stop construction. Respondent No. 2 again viol

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