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2022 Supreme(J&K) 420

SANJAY DHAR
Bashir Ahmad Dar – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : M.S. Latief; Zahid Khan
For the Respondents: Sajad Ashraf; Naveed Gul

JUDGEMENT/ORDER :

1. The petitioners have challenged FIR No. 47/2021 for offences under Section 147, 451, 308, 506, 34 IPC of Police Station, Rajbagh Srinagar.

2. Before coming to the contentions raised in the petition, it would be apt to refer to the contents of the impugned FIR.

3. On 10.06.2021, the impugned FIR came to be lodged by respondent No. 2 alleging that the petitioners and other unknown persons took out machinery worth lacs of rupees from his shop located at Kursoo Rajbagh near Hurriyat office, Srinagar. As per the complainant, he was tenant of petitioner No. 1 in respect of three shops wherein he was running a business unit by the name of M/S Dig Way. It is alleged in the impugned FIR that the accused persons, prior to lockdown, approached the complainant and asked him to vacate the premises. It is also alleged that the accused/petitioners trespassed into the shops which were in possession of the complainant and thereafter stole the property in the shape of machinery and other items. They also extended threats to the complainant. On the basis of these allegations, the impugned FIR for offences under Section 147, 451, 380, 506, 201 and 34 IPC was registered by the police

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