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2022 Supreme(HP) 326

CHANDER BHUSAN BAROWALIA
Vikram Thakur S/o Sh. Karam Chand – Appellant
Versus
State Of Himachal Pradesh Through Secretary (Home) Shimla – Respondent


Advocate Appeared:
For the Appellant :Mr. Ashwani Kaundal, Advocate
For the Respondent:Mr. Shiv Pal Manhans, Addl. Advocate general and Mr. Bhupender Thakur, Mr. Yudhbir Singh Thakur, Dy. Advocates General, Mr. Rajesh Kumar, Advocate.

ORDER :

The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter to be called as “the Code”) for quashing of F.I.R No.30 of 2019 dated 24.6.2019, under Sections 279 and 337 of the Indian Penal Code, registered at Police Station Sunni, District Shimla, 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.2 made a written complaint to the police alleging therein that on 24.6.2019 around 2:30 p.m., while he was on his way to transport the Cement bags from Darlaghat to Thangi, District Kinnaur, when he reached at Ogli, Tehsil Sunni, District Shimla, truck bearing registration No.HP64A-0507, which was going ahead to the vehicle of respondent No.2 rolled down into the gorge. As a result of which, the petitioner sustained injuries on his body. This accident has taken place due to the rash and negligent driving of the petitioner. On the basis of the complaint given by the complainant, the instant FIR came to be lodged. Now, the parties have entered int

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