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2024 Supreme(HP) 187

RAKESH KAINTHLA
Suresh Kumar – Appellant
Versus
State of H. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Imran Khan, Advocate.
For the Respondents:Ms. Avni Kochhar, Ms. Kusum, Advocate, vice Ms. Seema Guleria, Advocate,

JUDGMENT :

Rakesh Kainthla, Judge

The present petition has been filed for quashing FIR No. 37 of 2017, dated 8.3.2017, registered at Police Station Baijnath, District Kangra, H.P. for the commission of offences punishable under Sections 147, 148, 307, 323, 451 and 506 of IPC and order dated 9.5.2022, passed by learned Additional Sessions Judge-III, Kanga at Dharamshala, vide which the case was listed for framing of charges.

2. Briefly stated, the facts giving rise to the present petition are that the informants Saji Devi and Jeet Kumar filed a complaint before the Court of learned Judicial Magistrate First Class (JMFC), Baijnath against 17 persons asserting that the informants started construction of a house in October 2016 after uprooting an old kucha slate posh house existing over the land comprised in Khata No. 117 min, Khasra No. 251, exclusively owned and possessed by Prem Chand husband of Saji Devi and father of Jeet Kumar. One Prabhushan was engaged as a mason with labourers to carry out the construction work. On 27.1.2017, Saji Devi and her daughter-in-law Shashi were present at the construction site. All the accused came armed with sticks and stones to the place of constructi

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