HARKESH CHAUDHARY Vs. STATE OF HARYANA

JUDGEMENT

(1.) HARKESH Chaudhary and others have come to this Court in this criminal miscellaneous under Section 482, Cr.P.C. for quashing of the FIR under Sections 455/448/149/120 -B/506 of the Indian Penal Code, registered at Police Station Bilaspur.

(2.) THE impugned FIR has been registered on the basis of a complaint made by Smt. Ayodhya Devi in the Court of the Judicial Magistrate I Class, Jagadhari. The same was forwarded to the Police Station under the provisions of Section 156, Cr.P.C.

(3.) ACCORDING to the allegations made in the impugned complaint, there was a dispute between the complainant and accused -1 and 2 (Harkesh and Pardeep) regarding the property of Lehna Singh. Accused -1 had been trying to grab the estate of the complainant. All the accused were inter -related. They came to village Malakpur Banger on 11.6.89, after arming themselves with deadly weapons. They broke open the lock of the main room and entered the adjoining rooms. They threw out the luggage lying therein. Having learnt about this trespass, the complainant rushed to the spot and objected to the breaking open of the lock. She was, however, knocked down by accused -1 who was armed with a revolver. He also gave out a threat to the persons who had collected there, to get lost or otherwise they would be killed. She immediately went to the police station for lodging a report, but she was asked to give the complaint in writing. She then got the complaint written and handed over the same to the Police. Returning to the house, she confirmed the details of the articles which had been removed from her portion of the house.