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2021 Supreme(Chh) 242

RAJNESH OSWAL
Ashok Kumar Pargotra – Appellant
Versus
Shama Begum – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Abhinav Sharma, Sr. Advocate with Ms. Parkhi Parihar, Advocate.

JUDGMENT :

1. The petitioner has filed the instant petition under section 561-A Cr.P.C. (now 482 Cr.P.C.) for quashing of the complaint filed by the respondent for commission of offences under sections 323, 294 and 506 RPC against the petitioner pending before the court of Judicial Magistrate 1st Class (Munsiff), Ramban (hereinafter to be referred as the trial court) and also for quashing the order dated 03.03.2016 passed by the trial court, whereby process has been issued against the petitioner.

2. The proceedings arising out of the complaint mentioned above and order dated 03.03.2016 have been impugned by the petitioner on the following grounds:

(i) That the petitioner was having service dispute with Gul Hussain Kurpak and Javed Iqbal Wani and the petitioner had every apprehension that said persons may implicate the petitioner in some false and frivolous case by arranging some fictitious complainant against the petitioner. The petitioner had already brought the same to the notice of various higher authorities, i.e. Chief Secretary of the State, Principal Secretary to then Hon’ble Governor, Advisor to the Hon’ble Governor and District Development Commissioner, Ramban.

(ii) That the pe

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