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2024 Supreme(HP) 337

SANDEEP SHARMA
Sita Ram Sharma – Appellant
Versus
State of HP – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Neeraj Sharma, Advocate.
For the Respondent:Mr. Rajan Kahol & Mr. B.C. Verma, Additional Advocate Generals with Mr. Ravi Chauhan, Deputy Advocate General.

JUDGMENT :

Sandeep Sharma, J.

By way of instant petition filed under Section 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for quashing of Kalandra under Section 186 of Indian Penal Code filed by the Police Station Sunni, District Shimla, H.P., as well as consequent proceedings pending adjudication in the court of learned Judicial Magistrate First Class, Court No. I, Shimla, District Shimla, HP in Kalandra No.1 of 2020 titled as State Vs. Sita Ram Sharma.

2. For having bird’s eye view, facts relevant for adjudication of the case at hand are that on 24.08.2019, respondent No. 2, who at the relevant time was Station House Officer, Police Station Sunni, was on traffic checking duty at Basantpur near Sunni alongwith other police officials. At around 02:30 p.m. a vehicle bearing registration No. HP-03C-1920 being driven by the petitioner came from Basantpur side. Since, driver of the vehicle was not wearing seat belt, he was signaled to stop, but allegedly vehicle was not stopped. However, after having finished traffic checking at Basantpur, respondent No. 2 alongwith other officials went towards Sunni and found vehicle bearing registration No. HP-

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