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2012 Supreme(HP) 298

SANJAY KAROL
H. S. Thakur – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Petitioner:Mr. Bimal Gupta and Mr. Satish Sharma, Advocates.
For the Respondent:Mr. Rajinder Dogra, Additional Advocate General.

Judgment

Sanjay Karol, J.

1. Petitioner has assailed the order dated 17.8.2012 passed by Special Judge (Forests), Shimla in case No.2-S/7 of 2009, titled as State of H.P. versus H. S. Thakur and others. In terms of the impugned order, petitioner stands charged for having committed an offence punishable under Section 120-B of the Indian Penal Code alone, whereas co-accused stand charged for having committed offences punishable under Sections 120-B, 468, 415/420, 471, 201 of the Indian Penal Code. Additionally, one of the accused person has also been charged for having committed an offence punishable under Section 13 (2) of the Prevention of Corruption Act.

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2. Before I deal with the legal issue, facts leading to the filing of challan before the trial Court, as noticed by the Court, are reproduced herein below:

“I have gone through the Charge-sheet and other documents. As per prosecution case Sh. H.S. Thakur was Registering & Licencing Authority (Rural), Shimla and Sh. Kamal Kumar Rohal was the Licencing Clerk. Rajeev Chauhan and Gian Singh owned and possessed one truck bearing No.HP-21-0407 and driver was Ajeet Singh. In an accident he died on 18.9.1996. He possessed driving licence






























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