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2016 Supreme(HP) 302

TARLOK SINGH CHAUHAN
K. C. Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Mr. Neeraj Gupta, Advocate.
For the Respondent:Ms. Meenakashi Sharma, Additional Advocate General with Ms. Parul Negi, Mr. Parul Negi, Deputy Advocate Generals, Mr. Malay Kaushal and Mr. Paresh Sharma, Advocates.

JUDGMENT :

Tarlok Singh Chauhan, J.

1. Can recourse to Section 156(3) of the Code of Criminal Procedure be taken as if it is a routine procedure, especially when the case is predominantly of a civil nature, is the question which falls for consideration in this petition?

2. The petitioner is the accused, who has approached this Court under Section 482 of the Code of Criminal Procedure (for short Cr. P.C.) for quashing of FIR No. 145 registered at Police Station Sadar, Shimla on 6th July, 2015 under Sections 403, 406, 420, 467 and 468 IPC pursuant to the directions issued by the Judicial Magistrate, 1st Class, Court No. (5), Shimla to this effect in a complaint filed by respondent No. 2 (complaint) under Section 156(3) Cr. P.C. before it.

3. Initially the respondent No. 2 addressed a complaint to the SHO Police Station Sadar, Shimla on 22nd August, 2014 for registration of an FIR against the petitioner on the allegation that he was dealing in business of tour and travels by the name of Jai Maa Bhima Kali Tour and Travels and participated in the tenders invited by the ARTRAC, Shimla for passenger carrying light vehicles. He deposited Rs. 1,62,500/- as security amount with the Station H










































































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