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2021 Supreme(HP) 711

CHANDER BHUSAN BAROWALIA
Uttam Chand, S/o. Shri Nikku Ram – Appellant
Versus
State of Himachal Pradesh, Through Secretary (Home) – Respondent


Advocates Appeared:
For the Petitioner: Mr. Naveen K. Bhardwaj.
For the Respondent:Mr. Arvind Sharma, Addl. Advocate General, Mr. Amit Kumar Dhumal, Dy. Advocate General and Mr. Manoj Bagga, 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 the judgment dated 27.4.2015, passed by the learned Additional Chief Judicial Magistrate, Palampur, District Kangra, in Criminal Case No.159-II/2011 titled State vs. Uttam Chand, in F.I.R No.57 of 2011, dated 21.2.2011, under Sections 279, 337 and 338 of the Indian Penal Code (hereinafter to be called as “IPC”), registered at Police Station, Palampur, 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 21.2.2011 around 6:40 p.m MHC Police Station, Palampur, received emergency call from 108 that an accident has taken place near University, on which, Police entered rapat Ex.PW1/A and recorded the statement of the complainant, namely, Sawroop Kumar, under Section 154 of the Code of Criminal Procedure, wherein he has reported that he is working as agent with Bajaj Allianz Insurance and had come to Palampur in connection with tra

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