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2017 Supreme(HP) 1096

CHANDER BHUSAN BAROWALIA
Rishabh Kharbanda – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
Mr. Imran Khan, Advocate, for the Petitioners; Mr. Pushpinder Jaswal, Deputy Advocate General with Mr. Rajat Chauhan, Law Officer, for the Respondent No. 1; Ms. Seema K. Guleria, Advocate, for the Respondent No. 2

JUDGMENT

Chander Bhusan Barowalia, J. —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. 54/16, dated 12.02.2016, under Sections 279, 337 and 338 of the Indian Penal code, registered at Police Station, West Shimla, H.P.

2. Briefly stating the facts, giving rise to the present petition are that on 12.02.2016 petitioner along with his batchmate of B.Tech course in Chitkara University, Baddi, namely Manmeet Kaur Grewal, were going towards Shimla for attending the family function of their friend. When they reached Taradevi, all of a sudden, one stray dog came in front of the vehicle and the petitioner, who was driving the vehicle suddenly applied the brakes, as a result of which the vehicle skidded and fell down into a deep gorge about 150 feet down from the main road. Respondent No. 2, who was coming from the opposite side, on seeing the car rolling down into a deep gorge made phone calls to the concerned Police Station and the rescue team. His only anxiety was to protect the occupants of the vehicle by any means. The intention of respondent No. 2 was only to protec

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