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2021 Supreme(HP) 732

CHANDER BHUSAN BAROWALIA
Ankit Katoch, S/o. Sh. Surinder Katoch – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner: Sh. Sunny Modgil.
For the Respondents: Sh. Arvind Sharma, Sh. P.K. Bhatti and Sh. Bharat Bhushan, Addl. AGS with Sh. Amit Dhumal, Dy. AG, Sh. Prashant Sharma, Sh. Ajit Sharma.

ORDER :

The present 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. 0148, dated 04.10.2020, under Sections 279, 337 and 338 of the Indian Penal Code, registered at Police Station Dehra, District Kangra, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

2. Briefly stated the facts, giving rise to the present petition are that on 04.10.2020, respondent No. 2/complainant filed a complaint at Police Station Dehra, wherein it has been alleged that today when he was going to Jawalaji on his Scooty and reached at place Sanot, he saw a black motor cycle in front of him. In the meantime, a white colour car came from Jawalaji side in a high speed and hit the aforesaid motor cycle. Due to which, the motor cyclist fell on road and sustained injuries on his face and body. As per the complainant, the accident took place on account of rash and negligent driving of the petitioner. Accordingly, initially FIR No. 0148, dated 04.10.2020, under Sections 279 and 337 of the Indian Penal Code, came to be registered against p

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