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2022 Supreme(HP) 128

SANDEEP SHARMA
VIPASA D/O LATE SH. GHANSHYAM DUTT ATTRI – Appellant
Versus
STATE OF HIMACHAL PRADESH – Respondent


Advocate Appeared:
For the Appellant :SH. SUDHIR THAKUR, SENIOR ADVOCATE WITH MR. VIJENDER KATOCH AND MR. KARUN NEGI, ADVOCATES
For the Respondent:MR. SUDHIR BHATNAGAR AND MR. ARVIND SHARMA, ADDITIONAL ADVOCATE GENERALS WITH MR. NARENDER THAKUR AND MR. GAURAV SHARMA, DEPUTY ADVOCATE GENERALS.

ORDER :

Being aggrieved and dissatisfied with the order dated 25.11.2021, passed by learned Judicial Magistrate 1st Class, Kasauli, District Solan, Himachal Pradesh, whereby an application under Section 156(3) Cr.P.C, having been filed by the petitioner-complainant (hereinafter referred to as the complainant), came to be dismissed, complainant has approached this Court in the instant proceedings filed under Section 397 read with Section 401 of Cr.P.C, praying therein to quash and set-aside the aforesaid impugned order and direct the learned court below to send the complaint filed under Section 156(3) Cr.P.C for investigation.

2. Precisely, the facts of the case as emerge from the record are that the complainant was living with her Bua (spinster) at village Garkhal in a two storeyed house having three sets. Apart from her Bua, two tenants were also living in the building. Since after the death of her Bua, complainant started living permanently in the house of her Bua at village Garkhal, cousin of her late Bua namely Lalit Mohan objected to the same and made all out efforts to throw her out from the building. Since complainant was constantly harassed and threatened by the relatives of

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