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2015 Supreme(HP) 676

SURESHWAR THAKUR
Denzong Nang-Ten Sung-Kyob Tsogpa – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocate Appeared:
For the Petitioners:Mr. K.K. Rai, Senior Advocate, Mr. S.K. Pandey, Mr. R.S. Jaswal, Advocates.
For the Respondents:Mr. Shrawan Dogra, Advocate General, Mr. Vivek Singh Attri, Deputy Advocate General, Mr. Vikas Pahwa, Senior Advocate, Mr. Narender Pal Singh, Mr. C.N. Singh, Advocates.

JUDGMENT

Sureshwar Thakur, J.

1. The instant criminal revision petition is directed against the impugned orders rendered on 21.05.2012 by the learned Judicial Magistrate 1st Class, Una, District Una, H.P. whereby, the latter Court allowed/accepted the application preferred before it, by the State of Himachal Pradesh under Section 321 of the Cr. P.C. seeking its permission for withdrawal from prosecution against respondent No. 3 herein. The petitioner herein claims the relief of quashing of the aforesaid order rendered by the learned Judicial Magistrate 1st Class, Una, besides, seeks a direction from this Court for reinvestigation of the case by an independent agency, on conclusion whereof, it be directed to file a supplementary charge sheet before the Criminal Court of competent jurisdiction.

2. The facts necessary for adjudication of this revision petition are that on 26.01.2011, the police party headed by ASI Manoj Kumar was present at Mehatpur Barrier. At about 3.35 P.M., a Scorpio vehicle bearing No. HP36A-0444 came from Una to Nangal side. On a checking of the vehicle, its driver disclosed his name as Sanjog Dutt son of Ravinder Nath and the person sitting on the front seat dis








































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