VIJAY SINGH RATHORE Vs. STATE OF H.P.

JUDGEMENT

(1.) The present bail petition under Sec. 439 of Code of Criminal Procedure arises out of FIR No. 38 of 2023, dtd. 13/3/2023, registered under Ss. 341, 323, 325 and 506 of Indian Penal Code and Sec. 3(1)(r)(s), and 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), at Police Station Rohru, District Shimla, H.P. Ad-interim protection was granted to the petitioner on 22/3/2023.

(2.) The respondent has filed the status report.

(3.) The case against the petitioner was registered in view of the complaint lodged by one Moti Ram. Gist of his complaint is that on 13/3/2023 at around 3.30 p.m., he received a call from his wife that his mother Smt. Kamla Devi was given beatings by the petitioner, as a result which, she had been seriously injured. The allegation was also levelled that petitioner has used objectionable words against the mother of the complainant. In view of the above complaint, FIR was registered and the investigation was carried out. During investigation, Smt. Kamla Devi stated that grandfather of the petitioner had provided land to her and her husband. Upon that land, she and her husband had constructed a house and were residing there ever since. After the death of her husband in the year 2011, the petitioner started harassing her. His main object is to evict them from the land in question. With that object, the petitioner had given beatings to her on 13/3/2023 using a wooden stick and also used objectionable words against her.