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2022 Supreme(HP) 563

SATYEN VAIDYA
Amit Singla Son Of Late Sh. Gyan Chand – Appellant
Versus
State Of Himachal Pradesh Through Director General Of Police – Respondent


Advocate Appeared:
For the Appellant :Mr. Shrawan Dogra, Senior Advocate With Mr. Pranay Pratap Singh and Mr. Deepak Sharma, Advocates.
For the Respondent:Mr. Desh Raj Thakur, Additional Advocate General, Mr. Kush Sharma, Adv.

ORDER :

By way of this petition, petitioner has prayed for following substantive relief:-

    “It is, therefore, respectfully prayed that the present petition may kindly be allowed and the FIR bearing number 22/2019, lodged at Police Station Bhawanagar/Nichar, District Kinnaur, dated 01.04.2019 against the present petitioner and the subsequent proceedings pending before Ld. Sessions Judge, Kinnaur bearing No. 62/2019 may kindly be quashed and set aside in the interest of justice and fair play.”

2. Brief facts necessary for adjudication of the petition are that the Executive Engineer, National Highway Division, HPPWD, Rampur Bushehr, vide award letter dated 09.02.2018 had awarded, to the petitioner, the work of widening to two lanes with/without Geometrical Improvement in Km. 322/0 to 329/0 of NH-22 (New NH-05) in the State of Himachal Pradesh. Petitioner is Contractor by profession.

3. An FIR bearing No. 22, dated 01.04.2019, was registered at Police Station Bhawanagar, District Kinnaur, H.P. at 7.40 P.M., at the instance of one Inder Dass. It was recorded in the FIR that on 01.04.2019, complainant Inder Dass was on his way from Bhawanagar to Nichar in his personal car. He reached near pla

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