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2018 Supreme(P&H) 3571

SURINDER GUPTA
Ramesh And Others – Appellant
Versus
State Of Haryana And Another – Respondent


Advocates Appeared:
Baljit Mann, Adv., Amrik Narwal, Adv., Ajay Jain, Adv.

JUDGMENT

Surinder Gupta, J. - This petition has been filed by the petitioner seeking quashing of FIR No. 217 dated 08.07.2013, registered at Police Station Meham, District Rohtak for offences punishable under Sections 148/149/323/506 of Indian Penal Code and 3 of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short 'SC/ST Act') and order dated 02.06.2014 whereby charges for offences punishable under Sections 323/506/34 and 3 of SC/ST Act were framed against petitioners.

2. Fir No. 217 dated 08.07.2013 was registered on the statement of Pardeep son of Suraj Bhan, wherein he has stated that Gram Panchayat, Mokhra Pana Roze, was constructing the passage which was in use for the last about 100 years. A common passage in front of Dadi Sato and a wall along the Tirsam was being constructed. Gram Panchayat had requested Block Development and Panchayat Officer on 07.06.2013 for demarcation of this passage, which was demarcated by the administration on 28.06.2013 through Tehsildar, Meham. At the time of demarcation, there was no encroachment on this passage. Thereafter some mischievous elements narrowed the passage using JCB machine. Sarpanch of the village is

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