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CHANDER BHUSAN BAROWALIA
Dharam Pal Singh Aged 38 Years, S/o Late Sh. Fateh Singh – Appellant
Versus
State of Himachal Pradesh through its Secretary (Home) to The Government Of Himachal Pradesh, Shimla – Respondent


Advocates Appeared:
For the Petitioners: Mandeep Chandel
For the Respondents:Mr. Yudhbir Singh Thakur & Mr. Bhupender Thakur, Dy. Advocates General
Mr. Rakesh Sharma, Advocate, for R-2

ORDER :

1. 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.96 of 2020, dated 24.4.2020, under Sections 341, 323, 504, 506, 509 read with section 34 of the Indian Penal Code, registered at Police Station Shimla West, 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 24.4.2020 around 4:45 p.m, she was talking to Professor Sarswati Devi on mobile phone outside her quarter, the petitioner pulled hairs from her back and by throwing her on the airs, started beatings with legs and fist blows, as a result of which, respondent No.2 received injuries on her right arm and left leg. On hearing her cries, Smt. Kiran, Smt. Kanta Devi and Smt. Sneha, all residents of Shano Niwas, came on the spot and tried to save her from the petitioners. On the basis of the complaint given by the complainant, the instant FIR

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