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2023 Supreme(HP) 551

RAKESH KAINTHLA
Gokhran Devi – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Appellant :M/s Kashmir Singh Thakur and Harjeet Singh, Advocates
For the Respondents: Mr. R.P.Singh, Mr. Sanjay Kumar Sharma, Adv

JUDGMENT :

Rakesh Kainthla, J.

The present petition has been filed under Section 482 of Cr.P.C. read with Article 227 of the Constitution of India for issuance of directions to the respondents for submitting a charge-sheet in case F.I.R. No. 152 of 2018 registered for the commission of offences punishable under Sections 341, 323 and 325 read with Section 34 of IPC in the competent Court of law instead of sending it to the Gram Panchayat Tikkar.

2. It has been asserted that F.I.R. Nos. 150 of 2018 and 152 of 2018 were registered at Police Station Sadar Hamirpur on 05.06.2018 regarding the same incident. F.I.R. No. 152 of 2018 was registered on the statement of Dalip Singh and F.I.R. No. 150 of 2018 was registered on the information of Gian Chand Bhatia. Gian Chand subsequently made a complaint to the police stating that injury no. 2 sustained by Gokhran Devi had occurred before the incident. The Investigating officer approached the Medical Officer, who opined on 17.11.2018 that duration of the injury no.2 on the person of the victim Gokhran Devi was more than 3 weeks. Initially, injury No. 2 was stated to be grievous; however, the said injury was stated to be simple after more than 5½

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