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2018 Supreme(HP) 480

CHANDER BHUSAN BAROWALIA
Anurag Ailawadi – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Petitioners: Mr. Vipul Sharda
For the Respondents: Mr. Ashwani Sharma, Mr. P.K. Bhatti, Mr. Rajat Chauhan, Mr. Raman Jamalta

JUDGMENT :

Chander Bhusan Barowalia, J.

The present petitions, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”) are maintained by the petitioners for quashing of F.I.R. No. 188 of 2016, dated 30.07.2016, under Sections 279 & 337 of the Indian Penal Code, registered at Police Station Sadar-Hamirpur, District Hamirpur, H.P. and F.I.R No. 197 of 2016, dated 06.08.2016, under Sections 341, 323, 356, 147 & 149 of the Indian Penal code and alongwith all consequent proceedings arising out of the said F.I.R.

2. Briefly stating the facts, giving rise to the present petitions are that on 30.07.2016, at about 12.45 a.m. (morning), the petitioners (in both the petitions) met with an accident and a scuffle also took place between them. As per the petitioners (in Cr. MMO No. 179 of 2018), the accident took place due to the rash and negligent driving of Devashish Thakur (petitioner in Cr. MMO No. 180 of 2018). However, as per Devashish Thakur the accident has occurred, as suddenly an animal had come in front of his car and he lost control over the same, due to which, his car hit with the car of the Anurag Ailawadi and when he stepped down from his car to s
























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