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2024 Supreme(J&K) 196

SANJAY DHAR
Shailender Sharma son of Late Prof. Nilambar Dev Sharma – Appellant
Versus
UT of Jammu and Kashmir through SHO, Police Station City Jammu – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Vishal Kapur, Mr. Pawan Kundal Adv.
For the Respondent: Mr. Pawan Dev Singh Dy.AG Mr. Ajay Gupta Adv.

JUDGMENT :

1. Through the medium of afore-titled two petitions filed under Section 482 CrPC, the petitioners have challenged FIR No. 30/2022 for offences under Sections 380/457/34 IPC registered with Police Station City, Jammu.

2. The impugned FIR has been registered on the basis of a complaint made by respondents Shakuntla Devi, Atul Gupta and Shalini Gupta (hereinafter referred to as the ‘private respondents’). In their complaint, they have alleged that they are the partners of firm M/S A.K. Gulshan Kumar situated at Mohalla Malhotra, Jammu. According to them, they filed a civil Suit before the Court of 2nd Additional Munsiff, Jammu (hereinafter referred to as the ‘Civil Court’) in August 2010 for dissolution of partnership of the said firm and for rendition of accounts and that the said suit is pending adjudication. It has been further submitted that vide order dated 11.07.2011 passed by the Civil Court, a Commissioner was appointed for preparing an inventory of the stocks and furnishing details thereof. On 23.07.2011 the Commissioner furnished a detailed report after he inspected the shop in presence of the parties to the dispute. It has also been submitted that the shop in quest

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