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2021 Supreme(HP) 802

CHANDER BHUSAN BAROWALIA
BITTU RAM SON OF SH. RAJINDER PAL – Appellant
Versus
STATE OF HIMACHAL PRADESH THROUGH SECRETARY (HOME) SHIMLA, HIMACHAL PRADESH – Respondent


Advocate Appeared:
For the Appellant :MR. NITIN THAKUR, ADVOCATE
For the Respondent:MR. ARVIND SHARMA, MR. P.K. BHATTI, MR. BHARAT BHUSHAN, ADDL. ADVOCATES GENERAL, MR. AMIT KUMAR DHUMAL, DY. ADVOCATE GENERAL AND MR. MANOJ BAGGA, ASSISTANT ADVOCATE GENERAL, MR. VIKRAM THAKUR, ADVOCATE

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.88/2016 dated 13.5.2016, under Sections 376 (2) (N) and 506 of the Indian Penal Code (hereinafter to be called as “IPC”), Section 4 of the Protection of Children From Sexual Offences Act, 2012 and Section 3 (12) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities), Act, 1989, registered at Police Station, Nalagarh, District Solan, 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 made a complaint to the police alleging therein that on 13.5.2016, around 8:45 a.m, when she went to Nalagarh College, for appearing B. Com 2nd Year Semester, where the petitioner met her and denied for appearing in the exam and told that her brother has been kidnapped. When respondent No.2, came out from College alongwith his motorcycle towards Kirpalpur, where the petitioner tried to rape her and also threatened her. As a s

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