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2022 Supreme(HP) 431

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. Gaurav Sharma And Mr. Kamal kishore Sharma, dy. Advocates General, Mr. Jai Ram Sharma, Advocate, HC Ramesh Chand, P.S. Ghumarwin

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.61 of 2017 dated 8.3.2017, under Sections 382, 440, 323, 504, 506 read with section 34 of the Indian Penal Code, registered at Police Station Ghumarwin, District Bilaspur, 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 8.3.2017 around 8:00 p.m, he came to Ghumarwin, parked his car bearing registration No.HP23A-5454, went inside the restaurant, when he came outside the restaurant alongwith his two friends, namely, Raj Kumar Patial and Rimpu, petitioners came there near his car and forcibly opened the door of driver’s side and pushed him out of the car, started gave beatings to him as well as used abusive language and also threatened him with dire consequences. On the basis of statement of the complainant, FIR in question was registered. Now, the part

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