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2021 Supreme(J&K) 604

RAJNESH OSWAL
Barkat Ram – Appellant
Versus
Rohit Sharma – Respondent


Advocates Appeared:
For the Petitioner: R.S. Jamwal.
For the Respondent: Amit Bhardwaj.

JUDGMENT :

1. The present petition has been filed under section 561-A CrPC (now 482) by the petitioners for quashing of the complaint, Rohit Sharma vs. Barkat Ram and others under sections 420 and 120-B RPC and the order dated 22.05.2017 passed by the 1st Additional Munsiff (Forest Magistrate), Jammu (hereinafter to be referred as the trial court) by virtue of which cognizance has been taken and process has been issued against the petitioners, primarily on the grounds that a civil dispute has given a criminal colour just to harass the petitioners.

2. The facts which are necessary for the disposal of the present petition are that a complaint has been filed by the respondent against the petitioners under sections 420 and 120-B RPC. It was stated in the complaint that the petitioner No. 2 had pretended to the respondent that the land measuring 04 kanals and 01 marla comprising under khasra No. 1446 situated at village, Raipur Domana, Jammu belonged to petitioner Nos. 1 and 3 who were the real brother of petitioner No. 2 and further that the petitioner Nos. 1 and 3 are the owners in possession of the above said land. The respondent along with Surinder Kumar met the petitioner Nos. 1 and

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