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2021 Supreme(P&H) 1460

ARUN KUMAR TYAGI
Ved Parkash Sharma – Appellant
Versus
State Of UT Chandigarh – Respondent


Advocates Appeared:
Mr. Ashish Bansal, Advocate, for the Appellant; Mr. Y.S. Rathore, Addl. Public Prosecutor, Mr. Bhavneet Gaur, Advocate, for the Respondent.

JUDGMENT

Arun Kumar Tyagi, J (Oral). - The case has been taken up for hearing through video conferencing.

1. The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Cr.P.C) for quashing of FIR No. 55 dated 12.04.2019 registered under Section 453 of the Indian Penal Code, 1860 (for short 'the IPC) in Police Station Sector 19, Chandigarh.

2. The above-said FIR was registered on complaint made by Rajesh Kumar Sharma through his brother-in-law Rajiv Kumar Dutta. In the complaint Rajesh Kumar Sharma alleged that he is living in New Zealand since 2001. He is in possession of House No. 172, Sector 20-A, Chandigarh since its construction in 1962. His elder brother (Suresh Kumar Sharma) lives in the upper floor. In 2012 his elder brother Suresh Kumar Sharma's wife forcibly broke open the door and started some construction work. When care taker Babloo told him about the same, the matter was brought to the notice of NRI Cell and DDR dated 22.02.2012 was lodged in Police Station Sector-19, Chandigarh. The construction work was immediately stopped and possession was restored to him. The police was also informed about the pending litig

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