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2018 Supreme(J&K) 810

SANJAY KUMAR GUPTA
Mandhi – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioners:Mr. Rahil Raja, Advocate
For the Respondents: Mr. C. M. Koul, Sr.AAG

JUDGMENT :

1. Through the instant petition filed under Section 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C) petitioners seek quashing of FIR No.40 of 2009 registered with police Station Gharota for commission of offences under Section 447/382/147/323 RPC as also consequential proceedings i.e. the final report/challan pending before the Court of learned Special Excise Magistrate (JMIC) Jammu in File No. 143 A/Challan titled State vs. Mandi and others.

2. In the petition, it has been stated that the forefathers of the petitioner No.1 were in physical possession of a big chunk of land falling in Khasra No.4286, 4287, 4288 and 4289 situated at village Bhalwal, Tehsil and District Jammu and after the death of his forefathers, the said land devolved upon the petitioner No.I and as on date the same is jointly possessed and cultivated by the petitioner No. 1 along with his sons i.e. petitioner Nos.2 and 3. The entries in respect of possession of the petitioners over the above said land have also been made by the revenue authorities in the revenue record pertaining to the said land. It is stated that on 31.07.2009, respondent No.3 along with three other persons name











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