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2020 Supreme(HP) 10

ANOOP CHITKARA
Dinesh Chander Sharma – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
Petitioner In Person, Advocate, Nand Lal Thakur, Advocate, Ashwani K Sharma, Advocate

JUDGMENT

Anoop Chitkara, J. - Challenging the dismissal of the appeal filed under Section 341 Cr. P. C. by the Sessions Court, Una, upholding the dismissal of the application by Judicial Magistrate under Section 340 CrPC, the applicant, who is a practicing Advocate, has come up before this Court seeking prosecution of some of the prosecution witnesses for perjury.

2. One Smt. Raj Rani, who was sister-in-law of the applicant/petitioner, way back in the year 1999, had filed a complaint against him in the Police Station, Una for commission of offences punishable under Sections 498A and 506 IPC. On the basis of the said information an FIR No. 601 of 1999, dated November 21, 1999 was registered in the file of Police Station, Una, for commission of the said offences.

3. The present petitioner was arraigned as an accused in the said FIR and subsequently prosecuted.

4. After recording of the evidence, when the trial was at the final stages, the accused/petitioner filed an application under Section 340 CrPC, in the Court of Judicial Magistrate 1st Class, Una, H.P.

5. The allegations levelled in the said application were that during the examination of the prosecution witnesses some of them wh

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