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2022 Supreme(HP) 433

SATYEN VAIDYA
Sahil @ Chhotu S/o Sh. Mohinder Singh – Appellant
Versus
State Of Himachal Pradesh Through It's Secretary Home – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sanjay Jaswal, Advocate
For the Respondent:Mr. Desh Raj Thakur, Additional Advocate General With Mr. Narender Thakur, Deputy Advocate General And Mr. Manoj Bagga, Assistant Advocate General, Mr. Subhash Chander, Adv.

ORDER :

The instant petition has been filed for the grant following relief:-

    “It is, therefore, respectfully prayed that present petition may kindly be allowed and the FIR No. 54/2017 dated 14.04.2017 registered against the petitioners at Police Station Jawali, Distt. Kangra, H.P. for the commission of offences under Sections 307, 325, 323, 147,148,149 and 506 of the IPC and criminal proceedings rising therefrom i.e. Sessions Trial Nos. 95/2019 titled as State of H.P. Versus Sahil @ Chotu and Ors., may kindly be quashed and set aside, keeping in view the facts enumerated in the present petition, in the interest of justice and fair play.”

2. Brief facts necessary for adjudication of the petition are that on 14.04.2017, FIR No. 54/2017, was registered at Police Station Jawali, District Kangra, H.P., under Sections 307, 325, 323,147,148,149 and 506 of the IPC. The source for registration of case was a statement made by respondent No. 2 herein under Section 154 of Cr.P.C, alleging inter alia that at about 5:30 in the evening on 14.04.2017, complainant alongwith his friends Abhinandan (respondent No. 3), Rajat, Shubham Dhiman and Sanjeev Jassal visited “Baishakhi Fair” at Dehar Khad. About

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