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2021 Supreme(HP) 604

SANDEEP SHARMA
State of Himachal Pradesh Through District Magistrate Chamba – Appellant
Versus
Avinash Mahajan, Son of Sh. Mahal Chand Mahajan – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Sudhir Bhatnagar And Mr. Desh Raj Thakur, Additional Advocate Generals With Mr. Narinder Thakur And Gaurav Sharma, Deputy Advocate Generals
For the Respondent:Mr. Sumit Raj Sharma, Advocate

ORDER :

By way of present petition filed under Section 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for quashing of judgment dated 11.03.2019, passed by learned Sessions Judge, Chamba, in Criminal Revision No.3/2019, affirming the order dated 14.12.2018, passed by learned Judicial Magistrate 1st Class, Dalhousie, District Chamba, H.P. in Criminal Misc. Application No.1252 of 2018, titled Avinash Mahajan vs. Sher Singh, whereby, learned trial court having taken note of the complaint made by respondent under Section 156(3) Cr.P.C, directed SHO concerned to register FIR under the relevant provision of law and conduct investigation as per law.

2. Precisely, the facts of the case, as emerge from the record are that respondent namely Avinash Mahajan made a complaint to SHO Dalhousie, alleging therein that on 15.08.2018 function of Independence Day celebration was held at Govt. Sr. Secondary School, Sihunta under the control and supervision of Incharge PP Sihunta, namely, Sher Singh. He further alleged that National Flag was hoisted by the Chief Guest, i.e. the Executing Magistrate, Sihunta and such function was attended by school staff, NCC cadets

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