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2019 Supreme(HP) 1229

CHANDER BHUSAN BAROWALIA
Kewal Singh – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
Sanjay Ranta, Adv., S.C. Sharma, Adv., Shiv Pal Manhans, Adv., P.K. Bhatti, Adv., Raju Ram Rahi, Adv., Sunil Kumar, Adv.

JUDGMENT

Chander Bhusan Barowalia, J. - The present petition is maintained by the petitioners under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No. 48 of 2012 dated 23.2.2012, under Sections 451, 447, 427, 342, 336, 147, 149 and 506 of the Indian Penal Code, registered at Police Station, Baddi, District Solan, H.P.

2. Briefly stating the facts, giving rise to the present petition are that on 23.2.2012, at about 7:00 a.m, when respondent No.2, was at his home, his son, Anil Kumar, went to the shop and told him telephonically that in front of his house, 10-12 people came with poclain machine and started to destruct his lentil. After some time, respondent No.2, came on the spot and enquired from his tenant that petitioner-Kewal Singh, resident of Village Manpura, came with poclain machine alongwith 10-12 persons in his rented accommodation, knock down three room and destruct his lentil. Due to this act of petitioner-Kewal Singh, life of complainant''s tenant was in danger and also threatened him to do away with his life. On the basis of which, respondent No.2 reported the matter to the police and FIR was lodged. Now, the

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