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2024 Supreme(P&H) 366

DEEPAK GUPTA
Kiran Singhal – Appellant
Versus
State of U. T. Chandigarh – Respondent


Advocates Appeared:
For the Appellant :Mr. N.C. Kinra, Advocate
For the Respondent:Mr. Manish Bansal, Mr. Anand Dutt Sharma, Advocate

JUDGMENT :

DEEPAK GUPTA, J.

By way of this petition filed under Section 482 Cr.P.C., petitioners pray to set aside the order dated 10.04.2023 (Annexure P-6) passed by learned Judicial Magistrate 1st Class, Chandigarh, in case titled “State v. Kiran Singhal and others”, arising out of FIR No.60 dated 09.03.2018 under Sections 323, 325 and 34 of IPC, registered at Police Station Maloya, Chandigarh, whereby application under Section 311 Cr.P.C. for examination of an additional witness, namely Surinder Pal Singh, was allowed.

2. FIR in question (Annexure P-1) was lodged on the complaint of respondent No.2 Simpy Singhal, as per which after the death of her husband Varun Singhal on 05.07.2013, her father-in-law Bhagwat Prashad, mother-in-law Kiran Singhal (petitioner No.1) and brother-in-law Sameer Singhal (petitioner No.2) had started harassing her. She made complaints to the police many times. On 28.02.2018, the aforesaid accused came up stairs and opened her room despite stay order by the Court. It is alleged that her mother-in-law and father-in-law caught hold of her by hair and pulled her at about 7.30 a.m., whereas her brother-in-law gave her slaps, caught hold by her hands and twiste

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