HARISH KUMAR Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-2020-1-51
HIGH COURT OF HIMACHAL PRADESH
Decided on January 02,2020

HARISH KUMAR Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents


Referred Judgements :-

NARINDER SINGH VS. STATE OF PUNJAB [REFERRED TO]


JUDGEMENT

SANDEEP SHARMA,J. - (1.)By way of instant petition filed under S.482 CrPC, prayer has been made to quash and set aside FIR No. 214, dated 18.9.2019 under S.448 IPC registered against the petitioner at Police Station, Shimla West, Shimla, Himachal Pradesh.
(2.)On 18.9.2019, respondent No.4 lodged a complaint with the Police Station, West, Shimla, alleging therein that the petitioner, who is allegedly her tenant had misbehaved with her and had thrown out the cartons and grocery stuff from the store. It is alleged that respondent No.4 had given said accommodation to the petitioner on goodwill but now he was claiming ownership and has put his lock on the room.
On the basis of aforesaid complaint, FIR detailed herein above, came to be lodged against the petitioner for the commission of offence under S.448 IPC.

(3.)At this stage, S. 448 IPC may be reproduced herein below:
"Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both."

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