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2022 Supreme(HP) 548

CHANDER BHUSAN BAROWALIA
Akshay Kumar Son of Shri Madan Lal – Appellant
Versus
State of Himachal Pradesh Through Secretary (Home) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Mukul Sood, Advocate
For the Respondent:Mr. Rajinder Dogra, Sr. Additional Advocate, General With Mr. Ram Lal Thakur, Assistant, Advocate General

ORDER :

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. 15 of 2018, dated 15.2.2018, under Sections 279, 337 and 338 of the Indian Penal Code (hereinafter to be called as “IPC”) and Section 196 of the Motor Vehicles Act, registered at Police Station Jawalamukhi, District Kangra, 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 on 15.2.2018, when both petitioners were travelling on motorcycle bearing No.HP36C-8527 going back to their house from the Institute of petitioner No.2, was sitting on back seat, as a pillion rider, when they reached near Loret College Kathog, all of sudden a stray dog came in between the road and a bus was also crossing, petitioner No.1 was left with no other option, but to apply the brakes and on application of the brakes, the motorcycle skids and got imbalanced, as such petitioner No.2, fallen down on the road and suffered injuries. Both petitioner No.1 and p

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