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2023 Supreme(J&K) 687

SANJAY DHAR
Ranjit Kalra – Appellant
Versus
Romala Kapoor – Respondent


Advocates Appeared:
For the Petitioner: Pranav Kohli, Sachin Dev Singh.
For the Respondent: Supreet Singh Johal.

JUDGMENT :

(Sanjay Dhar, J.) :

1. The petitioners have challenged the complaint filed by the respondent/ complainant against them alleging commission of offences under sections 323, 379, 380, 382, 451 and 506 RPC read with Section 120-B RPC which is stated to be pending before the Court of learned Chief Judicial Magistrate, Jammu. Challenge has also been thrown to order dated 27.05.2011 passed by the learned CJM whereby the learned Magistrate has, after observing that, prima facie, offences under sections 452, 323, 382, 506 RPC are made out against the petitioners, issued process against them.

2. It appears that the respondent/complainant has filed the impugned complaint before the learned trial Magistrate against the petitioners and co-accused alleging therein that, on 22.05.2009 at around 4.30 pm, the petitioners and co-accused came to the residence of the respondent/complainant and knocked at her door. Upon opening the door, the petitioners forcibly entered into her house along with certain gunda elements and started assaulting and abusing the respondent/complainant. It is further alleged that the respondent/complainant was mercilessly beaten by the petitioners and the co-accused.

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