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2019 Supreme(HP) 1090

CHANDER BHUSAN BAROWALIA
Dinesh Kumar – Appellant
Versus
Kushal Kumar – Respondent


Advocates:
Advocate Appeared:
G.R. Palsra, Adv., J.K. Sharma, Adv., Bodh Raj, Adv., Shiv Pal Manhans, Adv., P.K. Bhatti, Adv., Raju Ram Rahi, Adv.

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.43 of 2018, dated 8.2.2018, under Sections 279, 337 and 338 of the Indian Penal Code and Sections 185 and 196 of the Motor Vehicles Act, registered at Police Station, Sadar, District Mandi, H.P.

2. Briefly stating the facts, giving rise to the present petition are that on 7.2.2018 respondent No.1-complainant went to attend a marriage of his friend, namely, Tej Singh, in a vehicle motorcycle bearing registration No.HP-33C-3266, where petitioner was also there. Thereafter, attending the marriage, they went to near Gampul Chowk, around 10:30 p.m, in a vehicle motorcycle bearing registration No.HP-33C-3266, being driven by the petitioner in a rash and negligent manner so as to endanger human life and personal safety of others, fell down from the road, due to which, respondent No.1-complainant received simple injuries as well third pillion rider on the motorcycle, namely, Vishal, who had received grievous injuries. On the basis of which, respondent No.1 reported the matter to the

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