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2018 Supreme(HP) 1953

TARLOK SINGH CHAUHAN
Umda Ram – Appellant
Versus
Rupa Devi – Respondent


Advocates Appeared:
B.S. Chauhan, Adv., Munish Datwalia, Adv., Digvijay Singh, Adv.

JUDGMENT

Tarlok Singh Chauhan, J. - The petitioner is 80 years of old retired ex-serviceman and has sought quashing of criminal complaint and also all subsequent proceedings being instituted against him by the respondent under Sections 354, 341, 504 and 506 IPC and is pending adjudication in the Court of learned Judicial Magistrate 1st Class, Jogindernagar, District Mandi, H.P.

2. In the complaint it was alleged that on 19.9.2017 at about 6.00 p.m. when the complainant was returning from her field and going towards her residence then at that time the petitioner stopped her and caught hold of her right hand with bad intention and told her that "Randi ether udhar ghumti reheti hai per peshi mei hazir nahi hoti hai". Upon this, she raised hue and cry and on hearing her cries, her husband came out of the house and upon warning given by him (husband), the petitioner left her by saying that he would see her. Even though, the alleged incident was stated to have taken place on 19.9.2017, however, the complaint came to be filed against the petitioner only after a delay of 4 days i.e. on 22.9.2017 and this delay in fact forms the anchor-sheet of the petitioner''s case assailing the maintenanc

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