Sher Singh vs State of Himachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 62

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Sher Singh – Appellant
Versus
State of Himachal Pradesh – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Petitioner in person with Mr. Narendra Guleria, Advocate.
For the Respondent:Mr. Tejasvi Sharma, Additional Advocate General with Ms. Ranjana Patial, person with Mr. Chandresh Pal, Advocate

JUDGMENT :

Virender Singh, J.

The above-titled petitions are being disposed of by this common order, as, both the petitions have been filed, in the same FIR, i.e. FIR No.43/2018, dated 19.08.2018 (hereinafter referred to as the ‘FIR in question’), registered under Sections 279 and 337 of Indian Penal Code (hereinafter referred to as the ‘IPC’), with Police Station West, Shimla, H.P.

2. Brief facts, leading to the filing of the above petitions, as per the record, annexed with the petitions, may be summed up, as under:-

2.1. Complainant-Rajesh Kumar (respondent No.2 in CrMMO No.229 of 2025) had made a statement, under Section 154 of CrPC, before the Investigating Officer, disclosing therein that on 19.02.2018, he, along with his sister-Anjana Kumari (respondent No.3 in CrMMO No.229 of 2025), her daughter Raksha, Madan Kumar and Ram Dass, was on their way to Rippon Hospital, in a vehicle, bearing No.HP-35-1595, driven by him.

2.2. At about 08:23 am, when, they reached near power house at NH-205, then, vehicle No.HP93-0372 (bus, belonging to HRTC), being driven by its driver, in rash and negligent manner, hit the car, driven by the complainant, from backside. Resultantly, the car, driven by