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2024 Supreme(HP) 264

RAKESH KAINTHLA
Beena – Appellant
Versus
Man Singh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. K.S. Thakur, Advocate.
For the Respondent:Mr. Vinay Thakur, Advocate, for Mr. Jitender Sharma, Additional Advocate General

JUDGMENT :

Rakesh Kainthla, J.

The present revision petition is directed against the order dated 19.11.2011, passed by the learned Sessions Judge, Shimla, vide which the revision filed by the respondents (accused before the learned Trial Court) was allowed and the complaint filed by the petitioner (complainant before the learned Trial Court) was dismissed. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).

2. Briefly stated, the facts giving rise to the present revision are that the complainant filed a complaint before the learned Trial Court for the commission of the offences punishable under Sections 354 and 500 of IPC. It was asserted that the informant is running a shop at Chamain. The police searched the shop of the complainant on 19.03.2008 and 25.12.2008, without any reason. No recovery was effected from the shop. The complainant was present in her shop on 09.01.2009 at about 6:00 p.m. Jagrati (CW-2)and other customers were also present in the shop. The complainant was ready to go to Shimla to buy articles for her shop when the accused entered the shop and searched it. They could not find anything.

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