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2022 Supreme(HP) 428

CHANDER BHUSAN BAROWALIA
Prashant Dharmani S/o Sh. Suresh Dharmani – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocate Appeared:
For the Appellant :Ms. Reeta Hingmang, Advocate
For the Respondent:Mr. Arvind Sharma, Addl. AG, Mr. Gaurav Sharma, Mr. Kamal Kishore Sharma And Ms. Divya Sood, Dy. Advocates General, Mr. Jai Ram Sharma, Advs.

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.145/2021, dated 17.7.2021, under Sections 452, 323, 504, 506, 427 read with section 34 of the Indian Penal Code, registered at Police Station Boileauganj, 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/complainant made a complaint before the police alleging therein that on 16.7.2021, he alongwith his friend entered inside the rehabilitation centre, where he was working, as kitchen helper, after entering in the centre, the petitioner started using abusive language and misbehaving with him and was asking for one Aashish Sharma, who was admitted in the rehabilitation centre earlier. Respondent No.2 stated that Aashish Sharma, has gone to bring one patient and on this, all of sudden, petitioners took out a desi katta/pistol from his pocket and again started asking about Aashish Sharma. Thereafter, the petit

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