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2019 Supreme(HP) 1246

TARLOK SINGH CHAUHAN
Ajay Sharma – Appellant
Versus
State Of H. P. – Respondent


Advocates Appeared:
Mr. Sumeet Raj Sharma, Advocate, for the Appellant; Mr.Vinod Thakur and Mr. Sudhir Bhatnagar, Addl. A.Gs with Mr. Bhupinder Thakur and Ms. Svaneel Jaswal, Dy. A.Gs., Mr. Basant Thakur, Advocate, Mr. V. S. Chauhan, Senior Advocate with Mr. O.P. Negi, Advocate, for the Respondent

JUDGMENT

Tarlok Singh Chauhan, J. - By medium of this petition filed under Section 482 of the Code of Criminal Procedure (for short Code), the petitioner has prayed for quashing of FIR No. 212/2017, dated 9.9.2017 registered at Police Station, Hamirpur and further questioned cognizance taken by the learned trial Magistrate in case No. 29II of 2018, titled as State vs. Ajay Sharma under Sections 279 and 337 IPC.

2. It is averred that on 9.9.2017, the petitioner was returning back from Baddi to his Village Baffrin, District Hamirpur in his car bearing registration No. HP22A0952 and when he reached near Kohli, then his car was hit by a motorcycle bearing registration No. HP22E1330 being driven by Akshay Kumar, respondent No.2, whereas Arvind alias Mohinder, respondent No.3 was its pillion rider. Both respondents No. 2 and 3 were in inebriated condition, as confirmed in the MLCs, which show that alcohol content in the blood of respondent No.2 was 85.10 mg% and in the blood of respondent No.3 was 37.28 mg%.

3. According to the petitioner, he intimated the police regarding the accident and the police visited the spot and found respondent No.2 in inebriated condition so much so that his st

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