Ajay Kumar vs State of H.P. - 2025 Supreme(HP) 381

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(HP) 381

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Ajay Kumar – Appellant
Versus
State of H.P. – Respondent

Advocates Appeared:
For the Petitioners:Mr. Shivank Singh Panta, Advocate.
For the Respondent:Mr. Lokender Kutlehria, Additional Advocate General.

JUDGMENT :

(Rakesh Kainthla, J.)

The present petition is filed against the judgment dated 27.02.2010, passed by learned Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, H.P. (learned Appellate Court), vide which the judgment and order passed by learned Judicial Magistrate, First Class, Palampur, District Kangra (learned Trial Court) were upheld. (Parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience.)

2. Briefly stated, the facts giving rise to the present petition are that the police presented a challan against the accused before the learned Trial Court for the commission of offences punishable under Sections 353 & 332 of the Indian Penal Code (in short ‘IPC’). It was asserted that Informant-Jaswant Singh (PW-1) was posted as a Driver in Chandigarh Roadways. He was driving a bus bearing registration No. CH-01G-8165 on 11.09.2001. Suresh Kumar (PW-2) was posted as a conductor on the bus. The bus reached Palampur at 09:20 am. The Driver and Conductor of Anurag Bus bearing registration No. HP-53-6313 came towards the informant. They dragged the informant out of the bus and started beating him by