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2023 Supreme(HP) 120

JYOTSNA REWAL DUA
Rajesh Verma – Appellant
Versus
State of H. P. – Respondent


Advocate Appeared:
For the Appellant :Mr. Neel Kamal Sharma, Advocate.
For the Respondents:Mr. Y.P.S. Dhaulta and Mr. Navlesh Verma, Additional Advocates General with Ms. Seema Sharma and Mr. Sumit Sharma, Mr. Ashwani Pathak, with Mr. Dev Raj, Advocate

JUDGMENT :

Jyotsna Rewal Dua, J.

The petitioner seeks quashing of FIR No.254/2019, dated 04.11.2019, registered against him under Sections 447 and 506 of the Indian Penal Code (IPC) at Police Station Boileauganj, Shimla West, District Shimla.

2. I have heard learned counsel for the parties and gone through the case record.

3. The Case:-

The aforesaid FIR has been registered at the instance of respondent No.2-Smt. Jamna Devi. Her allegations in the FIR were that on 04.11.2019 at around 2:15 pm, while she was tending her flower pots, the petitioner came to the spot. He had come to that spot where he had constructed a store. The said store was constructed by him on her land. On reaching the spot, the petitioner attacked her with bricks and stones. He also held her by her throat. The land over which he had constructed the store had been demarcated five times previously. In all the demarcation reports, the store was found to have been constructed by him over her land. For the past two years, she had been repeatedly requesting the authorities for removal of this store from her land. Petitioner had attacked her in past as well. She had not made any police complaint about the previous incident.

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