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2013 Supreme(J&K) 455

JANAK RAJ KOTWAL
Rajeev Agarwal – Appellant
Versus
Manzoor Ahmad Naik – Respondent


Advocates Appeared:
Tassaduq Hussain Khawaja, G.Q. Bhat.

1. This petition seeks invoking of the inherent powers of this Court under Section 561-A of the Code of Criminal Procedure (for short the Code) for quashing of a complaint under Sections 420 and 506 RPC filed by respondent No. 1 against petitioner and proforma respondents 2 to 5 in the Court of learned Chief Judicial Magistrate, Anantnag and order dated 20.09.2012, whereby the learned trial Court, after taking cognizance and recording initial statements of the complainant and his witness, has issued process against the petitioner and the proforma respondents.

2. Heard. I have perused the record.

3. Briefly, the facts which are essential to dispose of this petition are these:

3.1 Petitioner-Rajiv Agarwal and proforma respondents are resident of a place falling in Tehsil and District Rewari (Haryana). They are the members of the same family. Respondent No. 1 (complainant) is a resident of Tehsil, Dhamhal Hangipora, District, Kulgam, Kashmir (J&K). The two witnesses, namely, Sanjay Sangam and Parveen Rao, whose initial statements have been recorded at the time of filing of complaint also, reside at Rewari, Harayana.

3.2 On 09.08.2012, petitioner lodges a report against PW-Parveen Rao at P





















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