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2022 Supreme(J&K) 158

SANJAY DHAR
Dilshada Sheikh – Appellant
Versus
Saba Sheikh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Areeb Javed Kawoosa, Advocate.
For the Respondent:Mr. Jehangir Iqbal Ganai, Sr. Advocate with Mr. Murfad Naseem, Advocate.

JUDGMENT :

Sanjay Dhar, J.

The petitioner has challenged the complaint filed by respondent against him before the Court of Chief Judicial Magistrate, Srinagar, wherein the petitioner is alleged to have committed offence under Section 447 IPC. Challenge has also been thrown to order dated 05.11.2021 passed by the learned Magistrate on the aforesaid complaint whereby, after taking cognizance of the offence, process has been issued against the petitioner.

2. In the impugned complaint, the respondent-complainant has alleged that she happens to be the daughter of the petitioner/accused and that after the death of Shri Javaid Sheikh, father of the complainant and husband of the petitioner/accused, the property left behind by him devolved upon the petitioner/accused and her three daughters including the respondent herein. It is alleged in the complaint that respondent had three rooms in her possession in one of the properties left behind by her late father and on 05.09.2021 before leaving for Delhi, she locked all these three rooms in presence of her sister Shahala Ali Sheikh with all her belongings inside the room. The respondent is alleged to have informed the SHO concerned about her app

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