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2023 Supreme(J&K) 41

SANJAY DHAR
Jia Lal – Appellant
Versus
UT of J&K – Respondent


Advocates Appeared:
For the Petitioner: Garima Gupta.
For the Respondent: Dewakar Sharma; Nadia Qadir.

JUDGMENT :

1. The petitioners have challenged the complaint filed by respondent No. 2 against them alleging commission of offences under section 504 and 506(1) RPC, which is stated to be pending before the Court of Judicial Magistrate 1st Class, Bani. Challenge has also been thrown to order dated 20.07.2019 passed by the learned Magistrate, whereby process has been issued against the petitioners.

2. It appears that respondent No. 2 has filed a complaint before the learned Magistrate against the petitioners alleging therein that the petitioners have prepared a false and forged document/record so as to record the name of Karthik Japotra as son. It has been further alleged that the father's name of the aforesaid child has been recorded in the School as Jia Lal, petitioner No.1 herein. According to the complainant, petitioner No. 1 has deposed a false affidavit and filed the same in the office of the Zonal Education Officer concerned, stating therein that Karthik Japotra is his son, though the adoption deed in respect of the said child has been declared null and void. The complainant goes on to allege that on 08.04.2018 at about 6.00 PM, when the petitioners were walking on the road at B

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