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2022 Supreme(HP) 125

CHANDER BHUSAN BAROWALIA
RAMESH SINGH, S/O SH. JAGAT RAM – Appellant
Versus
STATE OF HIMACHAL PRADESH THROUGH ITS SECRETARY (HOME) TO THE GOVERNMENT OF HIMACHAL PRADESH – Respondent


Advocate Appeared:
For the Appellant :MR. BONIT THAKUR AND MR. VIKRAM SINGH THAKUR, ADVOCATES.
For the Respondent:MR. BHUPINDER THAKUR AND MR. YUDHVIR SINGH THAKUR, DY. ADVOCATES GENERAL, MR. KETAN SINGH, ADVOCATE.

ORDER :

The present petition is maintained by the petitioners under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”) for quashing of F.I.R No.15/2022, dated 1.2.2022, under Sections 341, 323, 504, 506 read with section 34 of the Indian Penal Code and Section 3 (1) (R), 3 (1) (S) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 (Amendment 2015) registered at Police Station Jawali, District Kangra, H.P, alongwith all consequential 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, as per the prosecution story, are that respondent No.4/complainant made a complaint before the police alleging therein that on 1.2.2022 around 10:30 a.m. petitioners started their construction work, whereas Sanjeev Kumar (tractor driver) was supplying the construction material to them. The tractor of Sanjeev Kumar was stopped by petitioner No.1, as he came in front of the tractor. When respondent No.4 alongwith his family members reached at the spot, petitioners started hurling, abuses and made comments on his caste. On the basis of statement of

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