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2023 Supreme(HP) 422

RAKESH KAINTHLA
Pankaj Sharma – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Parav Sharma.
For the Respondent: R.P. Singh.

JUDGMENT :

RAKESH KAINTHLA, J.

1. The present revision is directed against the order dated 03.08.2021, passed by the learned Judicial Magistrate 2nd Class, Court No. 7, Shimla, District Shimla in Case No. 85 of 2003, whereby charges for the commission of offences punishable under Sections 325 read with Section 34 of IPC have been framed against the petitioner. It has been asserted that informant Rajesh Kumar alongwith Kuldeep Kumar made a Rapat to the Police Post Summerhill, Shimla on 07.12.2002 that they alongwith Khem Chand were going from Himachal Pradesh University Hostel to the Library. When they reached Summerhill Circle, 3-4 persons asked them as to where they were going and started beating them. One of the assailants used a sharp-edged object. The names of the assailants were stated to be Suresh Kumar and Shayam. Names of other persons were not known to the informant. The police arrested the assailants and released them on bail. Challan was prepared and presented before the Court. One of the accused Pankaj stopped attending the Court and he was declared a proclaimed offender. Subsequently, Suresh Kumar and Shyam Kumar were acquitted of the charges framed against them vide jud

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