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2019 Supreme(HP) 1460

CHANDER BHUSAN BAROWALIA
Chain Lal – Appellant
Versus
State Of H P – Respondent


Advocates Appeared:
M.A. Khan, Advocate, Hem Kanta Kaushal, Advocate, Shvi Pal Manhans, Advocate, P.K. Bhatti, Advocate, Pankaj Thakur, Advocate

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. 119 of 2017, dated 17.7.2017, under Sections 354, 354 (A) (1) of the Indian Penal Code and Section 8 of the Prevention of Children from Sexual Offences Act, registered at Police Station, Palampur, District Kangra, H.P.

2. Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that father of respondent No.2 died in the year 2008 and thereafter, her mother Neelam was living in a rental room at Ghuggar alongwith her sister Anshu. In the year 2008, petitioner, who was working as Driver in H.R.T.C, Palampur, was living with the mother of respondent No.2. On 16.7.2017, mother of respondent No.2 had to leave for Delhi, for which, respondent No.2 and her father had gone to Bus Stand at about 6:30 p.m, thereafter, petitioner came back to the house and respondent No.2 given food dinner to her father and started drinking. After finishing his meal, the petitioner went inside her room for sleeping and also said to respondent No.2 to sleep with h

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