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2018 Supreme(HP) 584

CHANDER BHUSAN BAROWALIA
Anil Chauhan – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Petitioners:Mr. K.B. Khajuria, Advocate.
For the Respondent:Mr. Ashwani Sharma and Mr. P.K. Bhatti, Additional Advocate Generals.

JUDGMENT :

Chander Bhusan Barowalia, J.

The present petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”), is maintained by the petitioner for quashing of F.I.R No. 152/2017, dated 26.06.2017, under Sections 279, 337 and 338 of the Indian Penal Code, registered at Police Station Hamirpur, District Hamirpur, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

2. Briefly stating the facts, giving rise to the present petition are that on 26.06.2017, Jagdish Chand/complainant (hereinafter to be called as “the complainant”), was standing upon the roof of the house of Joginder Singh near Hot Spice Restaurant. At about 7:00 a.m., he saw that one motorcycle, coming from Dosadka side hit by a car coming from Hamirpur side. On investigation, it was found that motorcycle was being driven by Ajay Kumar (petitioner No. 2) and car being driven by Anil Kumar (petitioner No. 1). As per the complainant, the accident took place due to rash and negligent driving of the car driver, Anil Kumar. Accordingly, FIR, No. 152/2017, dated 26.06.2017, under Sections 279, 337 and 338 of the Indian Penal





































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