KAMLA Vs. STATE OF H P & OTHERS

JUDGEMENT

(1.) These petitions so filed under Section 397 of the Code of Criminal Procedure (for short 'Code') has been preferred by the petitioners for setting aside order dated 1.8.2017, passed by Judicial Magistrate, Ist Class, Jubbal, District Shimla, H.P. in Case No. 11/2 of 2017, titled as State of H.P. vs. Chet Ram & another, whereby petitioners stand charged for having committed offences punishable under the provisions of Sections 451, 323, 504, 506 all read with Section 34 of the Indian Penal Code. The case stands registered in relation to FIR No. 41/2016, dated 24.8.2016, registered at Police Station Jubbal, Distt. Shimla, H.P., under the provisions of Sections 341, 323, 451, 504, 506/34 of the Indian Penal Code, proceedings arising out which are, pending in the Court of Judicial Magistrate, Ist Class, Jubbal, District Shimla, H.P.

(2.) It is alleged by the complainant Meera (Respondent No. 2) that on 22.8.2016 at about 2.30 p.m. at village Rulidhar, Tehsil Jubbal, both the petitioners in furtherance of their common intention committed house trespass by entering into the premises possessed by the complainant, voluntarily caused simple hurt to one Sh. Rakesh Kumar and also criminally intimated the complainant.

(3.) The matter was reported to the police, by the complainant Smt. Meera (respondent No. 2), on the basis of which FIR No. 41 of 2016, dated 24.8.2016, came to be registered against both the petitioners Chet Ram and Kamla Sharma.