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2023 Supreme(J&K) 61

SANJAY DHAR
Shankar Dass – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : G.S. Thakur
For the Respondents: Suraj Singh

JUDGEMENT

1. Through the instant petition, the petitioners have challenged FIR No. 189/2017 for offences under Sections 341, 323, 382 and 506 RPC, registered with Police Station, Reasi.

2. It appears that respondent No. 2, complainant approached the Court of Chief Judicial Magistrate, Reasi by filing a complaint against the petitioners. The said complaint was endorsed by the learned Chief Judicial Magistrate to the SHO, Police Station, Reasi with a direction to investigate the matter in terms of Section 156(3) Cr. P.C.

3. As per the allegations made in the complaint, on 25.08.2017, at about 10.30 AM, when the complainant alongwith her husband, Sham Lal had gone to the dispensary at Karua, on reaching near the dispensary, the petitioners without any instigation from the complainant or her husband, caught hold of the husband of complainant and gave a beating to him. It is averred in the complaint that the complainant tried to rescue her husband but she was also beaten up by the petitioners. It is further alleged that when the complainant tried to escape from the spot, she was wrongly restrained by the petitioners and she was again beaten up. The complainant goes on to allege that in the

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