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2025 Supreme(HP) 1168

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
AJAY THAKUR – Appellant
Versus
STATE OF HP AND ORS – Respondent


Petitioner Advocates:Sanjeev Kumar Suri ,Respondent Advocate: AG AG Ag Karan Kapoor AG

JUDGMENT :

Rakesh Kainthla, J.

The present petition is directed against the order dated 30th January 2025, passed by the learned Sub Divisional Magistrate (SDM), Amb, District Una, H.P.

2. Briefly stated, the facts giving rise to the present petition are that the police filed a complaint under Sections 126 and 169 of Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, against Darshan Singh and Parikshit Thakur. It was asserted that Parikshit Thakur and Darshan Singh had attacked the informant, Kamlesh Kumari, with a darat on 30th October 2024. They abused and threatened to kill her. The police conducted the investigation and found that the dispute pertained to taking the tractor through the field. The parties had sought 3–4 days to settle the dispute, but it remain unsolved. Darshan Singh has quarrelsome nature. He frequently abused the informant and her family members. They had an apprehension of danger from Darshan Singh; hence, it was prayed that action be taken against Darshan Singh and Parikshit Thakur.

3. Learned SDM held that a possibility of breach of peace existed; hence, he ordered that a notice be issued to the respondents to show cause why they should not be bound to keep peace





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