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2023 Supreme(HP) 266

AJAY MOHAN GOEL
Rekha Devi – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rakesh Thakur, Mr. Hari Krishan Singh Thakur, Advocate
For the Respondent:M/s Jitender Sharma, Tejasvi Sharma, Pushpender Jaswal and Baldev Negi, Additional Advocate Generals with Mr. Gautam Sood, Mr. G.R. Palsra,

JUDGMENT :

Ajay Mohan Goel, J.

As common questions of law and fact are involved in both these petitions, the same are being disposed of by way of a common judgment. For ready reference, documents and Annexures appended with Cr.MMO No. 750 of 2022 are being referred to.

2. By way of these petitions filed under Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India, the petitioners have inter alia prayed for quashing of FIR registered against them, copy whereof is on record at page 21 of the paper book i.e. FIR No. 10 of 2021, dated 16.01.2021, registered at Police Station Joginder Nagar, District Mandi, H.P. under Sections 451, 447, 427, 504, 506 read with Section 34 of the Indian Penal Code, on the ground that the FIR against the petitioners is per se not maintainable as the initial complaint which was filed by the complainant qua the occurrence of the alleged offence neither named all the petitioners nor there was any remote reference therein to the petitioners and inclusion of the name of the petitioners in the private complaint subsequently as also in the FIR is nothing but an afterthought and on this count alone, the FIR has to be quashed.

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