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. 26 of 2019, dated 15.2.2019, under Sections 279, 337, 338 of the Indian Penal Code and Sections 181 and 196 of the Motor Vehicles Act, registered at Police Station, Nagrota Bagwan, District Kangra, H.P.

2. Briefly stating the facts, giving rise to the present petition are that on 15.2.2019, petitioner was going to Danoa on his motorcycle bearing No.HP40A-0858 TVS Victor, at the same time, respondent No.3 was also going to Danoa, on his motorcycle Model Apache Temporary bearing No.HP-22T-9660. Around 1:15 p.m, when the petitioner as well respondent No.3 reached at Bharyalu, the petitioner tried to overtake motorcycle being driven by respondent No.3, but due to rash and negligent driving and error of judgment on his part, he hit his motorcycle, thereafter, a private bus bearing No.HP68-A0374, which was coming from the opposite side and was stopped by the driver, on the road side, after seeing the speeding motorcycle. The petitioner, who was driving his bike, applied his break