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Vijay Kumar Sharma S/O Shri … vs State Of Rajasthan Through Pp on 20 November, 2018

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous (Petition) No. 7215/2018

Vijay Kumar Sharma S/o Shri Bhagwansahay Sharma B/c Brahmin
—-Petitioner
Versus
State Of Rajasthan Through Pp and another
—-Respondents

For Petitioner(s) : Mr. Gopal Singh Bareth
For Respondent(s) : Mr. N.S. Dhakad, P.P.

HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA

/ Order

20/11/2018

The learned counsel appearing for the petitioner contends

that regarding possession of the shop, in question, there is on-going

litigation between the parties and the petitioner had earlier lodged two

F.I.Rs. Counsel further contends that the complainant, being a lady has

alleged that the petitioner trespassed into the shop in her possession

and suddenly, lost control and caught hold of her hand and gave

abuses.

Counsel appearing for the petitioner submits that the

Investigating Agency having come to a conclusion that the petitioner is

in possession of the shop, has not added offence of trespass against the

petitioner. Counsel further submits that from the facts and

circumstances of the case, it is apparent that the petitioner had no

intention to outrage the modesty of the woman and if on the spur of the

moment regarding the dispute over possession hand of the complainant

was caught, no offence punishable under Section 354 I.P.C. is made

out. Lastly, counsel contends that offence punishable under Sections
(2 of 2) [CRLMP-7215/2018]

323 and 504 I.P.C. are bailable and offence punishable under Section

354 I.P.C. is non-bailable.

Issue notice to the respondents, for 22.01.2019.

Meanwhile, the Investigating Agency shall not proceed

against the petitioner, qua offence punishable under Section 354 I.P.C.

Investigation may continue, qua other offences.

List on 22.01.2019.

(KANWALJIT SINGH AHLUWALIA),J

ashok

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