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2019 Supreme(J&K) 523

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


Advocates:
Counsel for the Parties:
For the Petitioners:Mr. Pawan Kumar Kundal, Advocate
For the Respondents: Mr. Amit Gupta, AAG.

JUDGMENT

Through the instant petition filed under Section 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C.) petitioners seek quashment of FIR No.19/2018 dated 03-03-2018 registered with Police Station, Gharota, Jammu for commission of offences under Sections 447, 427, 336, 504, 506 and 147 RPC alongwith investigation conducted to involve the petitioners in a false and frivolous case.

2. Petitioners claim to be owner and in possession of the land measuring 16-Kanal falling under Khasra No.3706/2845 situated at Village Kote. The inheritance mutation of the same is attested in favour of the petitioner Nos.1 to 5. It is stated that the above said land is adjoining to the land of the respondent Nos. 4 & 5. It is further stated that the private respondents have constructed a shop on their land; land of the petitioners is open and when petitioners wanted to fence the land, respondents started quarreling with them.

3. Learned counsel for the petitioners contends that on 19.02.2018 at about 10:00 to 10:30 AM, the petitioner No.1 was fencing his land, the private respondents and their servant kept in the shop entered in the field of the complainant and started hurling abu

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