RAHUL GANJU S/O SHRI JAWAHAR LAL GANJU Vs. STATE OF UTTARAKHAND THROUGH SUPERINTENDENT OF POLICE
LAWS(UTN)-2012-8-9
HIGH COURT OF UTTARAKHAND
Decided on August 06,2012

RAHUL GANJU S/O SHRI JAWAHAR LAL GANJU Appellant
VERSUS
STATE OF UTTARAKHAND THROUGH SUPERINTENDENT OF POLICE,STATION HOUSE OFFICER, POLICE STATION RAJPUR, DISTRICT DEHRADUN.,JAI SINGH S/O LATE MAKHAN SINGH R/O 397 NAYA GAON, HATHIBADKALA, DISTRICT DEHRADUN. Respondents

JUDGEMENT

- (1.) HEARD.
(2.) BY means of this writ petition, moved under Article 226 of Constitution of India, the petitioner has sought quashing of the First Information Report dated 04.07.2012, registered as Crime No. 56 of 2012, relating to offences punishable under Section 3 (1) (v) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and one punishable under Section 506 and 147 of I.P.C., at Police Station Rajpur, District Dehradun. Learned counsel for the petitioner submitted that from the First Information Report itself it is clear that it is a case of property dispute between the petitioner and the respondent No.3. It is contended that the mother of the petitioner purchased the plot no. 119 and 120 in the year 1964, and since then she is in possession. It is pointed out that the respondent No.3 purchased the adjoining plot only in the year 2004, and thereafter, a boundary dispute arose between the parties. It is further submitted that the impugned First Information Report is counter blast to the written complaint made by the petitioner's mother at the Police Station, whereafter, Police reached at the spot to pacify the quarrelling parties. It is further pleaded that there was no intension on the part of the petitioner to insult the complainant for being a member of scheduled caste.
(3.) ADMIT the petition.;


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