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2018 Supreme(HP) 303

CHANDER BHUSAN BAROWALIA
Suresh Kumar – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Tara Singh Chauhan.
For the Respondents: Mr. Ashwani Sharma, Mr. P.K. Bhatti, Mr. Rajat Chauhan.

JUDGMENT :

Chander Bhusan Barowalia, J.

1. The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”) for quashing of F.I.R No. 35, dated 24.02.2016, under Sections 279 & 337 of the Indian Penal code and Sections 185 & 196 of the Motor Vehicles Act, registered at Police Station Sadar, District Bilaspur, H.P. alongwith all consequent proceedings arising out of the said F.I.R. pending before the learned Chief Judicial Magistrate 1st Class, Bilaspur, H.P.

2. Briefly stating the facts, giving rise to the present petition are that on 24.02.2016, respondent No. 2 after loading his truck, bearing registration No. HP-23A-7213 from ACC Barmana was going to Nalagarh. At about 3.30 p.m. when he reached near Sungal, a motorcycle, being driven by the petitioner, hit with the truck, due to which, the petitioner and respondent No. 3 sustained injuries. As per respondent No. 2, the petitioner was driving the motorcycle in rash and negligent driving and he was under the influence of liquor. Accordingly, FIR, under Sections 279 and 337 of the Indian Penal Code and Sections 185 & 196 of the Motor Vehicles Act was regi
























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