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2021 Supreme(HP) 140

CHANDER BHUSAN BAROWALIA
Rajat Chauhan – Appellant
Versus
State of H. P. – Respondent


Advocate Appeared:
For the Petitioner:Mr. Mohit Thakur, Advocate.
For the Respondents:Mr. S.C. Sharma and Mr. P.K. Bhatti, Additional Advocates General, Mr. Bhim Raj Sharma, Advocate,

JUDGMENT :

CHANDER BHUSAN BAROWALIA, J.

1. The instant petition, under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”), has been maintained by the petitioner for quashing of F.I.R No. 19 of 2020, dated 17.5.2020, under Sections 279 and 337 of the Indian Penal Code (hereinafter to be called as “IPC”), registered at Police Station, Nankhari, District Shimla, 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, as per the prosecution story, are that respondent No.2- Parmod Kumar, son of Shri Devi Singh, resident of village Dharoli, Post Office Khuni, Nankhari, District Shimla, made a statement, under Section 154 of the Code of Criminal Procedure, before the police, alleging therein that he is an agriculturist and for the last 3-4 months unwell, as he had been operated. The petitioner, who is a student, is a son of his brother-in-law. On 17.5.2020, the petitioner alongwith his mother and wife’s paternal aunt (bua) drove a vehicle, bearing No.HP63A-6839 (Ford Eco Sport), was coming to the house of respondent No.2, for asking

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