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1994 Supreme(P&H) 203

HARMOHINDER KAUR SANDHU
Surinder Kumar – Appellant
Versus
Pardip Kumar – Respondent


Judgment

Harmohinder Kaur Sandhu, J.

1. Surinder Kumar and his brother Rakesh Kumar have filed this petition under Section 482, Cr.P.C. for quashing of complaint under Sections 392, 506/34 I.P.C. pending in the Court of Judicial Magistrate Ist Class, Amritsar, Annexure P/1 and the summoning order dated 24.9.1991 Annexure P/2.

2. The brief resume of the facts necessary for the disposal of this petition is that Pardeep Kumar respondent filed the above mentioned complaint against the petitioners on the allegations that there was a dispute regarding some shop between his father and the petitioners and Rakesh Kumar petitioner had filed a suit for eviction in a Civil Court which was pending. Surinder Kumar petitioner filed a false complaint against him before Deputy Commissioner, Amritsar on 9.5.1990 and an application was also moved against him by Rakesh Kumar in the month of July 1991 before Senior Superintendent of Police, Amritsar. The petitioners were out to harm the person and property of the complainant and threatened him with dire consequences. On 21.1.1971 the complainant was present near the temple of Lalli Shah, Daal Mandi, Amritsar, when he was waylaid by Rakesh Kumar and Suri







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