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2020 Supreme(HP) 21

CHANDER BHUSAN BAROWALIA
Satish Kumar – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
Vivek Khadwal, Advocate, Shiv Pal Manhans, Advocate, Amit Kumar Dhumal, Advocate, Ram Lal Thakur, Advocate, S.D. Gill, Advocate

JUDGMENT

Chander Bhusan Barowalia, J. - The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (for short "Code") for quashing of F.I.R No. 158/2018, dated 30.11.2018, under Sections 279, 337 & 338 of the Indian Penal code (for short "IPC"), registered at Police Station Jawalamukhi, District Kangra, 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 30.11.2018, Medical Officer, Civil Hospital, Jawalamukhi had telephonically informed the Police that an accident case has come in the Hospital. When police inquired into the matter, Smt. Sudershana Devi, alleged witness of the accident, had disclosed the police that on 30.11.2018, around 7:30 p.m., she was present in the shop of her son. In the meantime, a scooty coming from Dehra side, lost its control and fell on the road, owing to which pillion rider of scooty sustained injuries on his head and face. As per Smt. Sudershana Devi, the accident had occurred due to rash and negligent driving of the present petitioner. Accordingly, FIR No. 158/2018, d

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