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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
HARPREET SINGH BRAR
Sukhjit Singh – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Harpreet Singh Brar, J. (Oral)
1. The petitioners have approached this Court by way of filing the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter 'BNSS') for quashing of the impugned FIR bearing No.106 dated 30.05.2020 under Sections 353, 186 and 34 of IPC registered at Police Station Sadar Ahmedgarh, District Malerkotla (Annexure P-5), as well as all subsequent proceedings arising therefrom including final report under Section 173 Cr.P.C. and charge-sheet dated 30.08.2022.
2. The facts of the present case, tersely put, are that the petitioners constructed an unauthorized shed within the limits of Municipal Council Ahmedgarh without obtaining the necessary sanction. Since the construction of the shed was illegal, therefore on 04.09.2019, the operation to demolish the shed was initiated. However, in an attempt to obstruct the demolition work, the petitioners declared that if the operation continued, their entire family would die by suicide by consuming poison, and the officials carrying out the demolition would be held responsible. Given that official work was disrupted by the death threats extended by the petitioners, a lette
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The essential elements required under Section 353 IPC were not established, leading to the quashing of the FIR as an abuse of process of law.
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