LAWS(P&H)-2010-12-278

RAKESH KOCHAR Vs. STATE OF HARYANA

Decided On December 17, 2010
Rakesh Kochar Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) Prayer under Section 438 Cr.P.C is for grant of anticipatory/pre arrest bail in case FIR No. 646 dated 28.9.2010 under Sections 148/149/452/323/382 IPC, P.S City Sirsa.

(2.) It is averred that a plot adjacent to that of complainant-Hanuman Singh was purchased by one Devi Lal from the owner-Harbans Lal vide registered sale deed dated 22.9.2010. Part of that plot is alleged to have been encroached upon by the neighbour-Hanuman Singh/complainant.

(3.) As per allegations of the prosecution, about 15 persons including the Petitioner-Rakesh Kochar on 28.9.2010 at around 10.00 p.m had proceeded to the plot to remove the encroachment made by the complainant. They are alleged to have broken the wall and also abused the women of the house. Petitioner-Rakesh Kochar has been specifically named to be accompanying the assailants in his car wherein the weapons were stored.