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2023 Supreme(J&K) 77

SANJAY DHAR
Ram Dass – Appellant
Versus
Union Territory of J&K – Respondent


Advocates Appeared:
For the Petitioners: Ankur Sharma.
For the Respondents: Sumeet Bhatia, Vishal Gupta.

JUDGMENT :

1. The petitioners have challenged FIR bearing No. 262/2021 for offences under sections 447, 427, 504, 506 and 147 IPC and Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1969 (hereinafter to be referred as the SC and ST Act) registered with Police Station, Udhampur.

2. It appears that Respondent No. 2/complainant filed an application under section 156(3) Cr.P.C. before the Special Mobile Magistrate (Sub Judge), Udhampur, alleging therein that on 18.05.2021 at around 8:00 A.M. when the complainant along with her son, husband and cousins was erecting fencing on the land measuring 1 kanal and 14 marlas falling under khasra No. 54, khewat No. 94/95 at village Badali, Tehsil and District, Udhampur, the petitioners, who belong to Brahmin community, forcibly trespassed into the said land and started shouting and abusing the complainant and her family members. It was alleged in the application that the petitioners extended threats to the complainant and her family members and petitioner-Ram Dass declared that he would not allow Chamar community to occupy his land. It has been alleged that the said petitioner uttered the following words:

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