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2024 Supreme(HP) 274

RAKESH KAINTHLA
Dalip Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Sanjeev Bhushan, Sohail Khan.
For the Respondents: Prashant Sen, Rakesh Chauhan, Romesh Verma, Sumit Sharma.

JUDGMENT :

RAKESH KAINTHLA, J.

1. The present petition has been filed against the order dated 09.09.2016 passed by learned Judicial Magistrate First Class (JMFC), Ani, District Kullu, rejecting the objections filed by the petitioner against the cancellation report as confirmed by learned Sessions Judge in Criminal Revision No. 0100010 of 2011 dated 10.01.2019. (Parties shall hereinafter be referred to in the same manner as they were referred before the learned Trial Court for convenience).

2. Briefly stated, that the complainant filed a complaint under Section 156(3) of Cr.P.C. against the accused for the commission of offences punishable under Sections 420, 467, 468, 471 and 120B of IPC. It was asserted that the accused No. 4 (Prem Raj) was facing encroachment proceedings before Collector-cum-DFO. The accused prepared a false report that the encroachment was removed and the land was vacant. Accused No. 3 made a false statement in the Court to benefit accused No. 4. The structure of accused No. 4 still existed on the spot and the construction was continuing. This fact was found in the demarcation given by Tehsildar on 08.08.2013.

3. The police conducted the investigation and submitted

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