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2024 Supreme(HP) 365

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
TARLOK SINGH CHAUHAN,J, SUSHIL KUKREJA,J
State of Himachal Pradesh – Appellant
Versus
Kuldeep Dhawan – Respondent


Advocates Appeared:
For the Appellant :Mr. I.N. Mehta, Senior Additional Advocate General, with Mr. Navlesh Verma, Ms. Sharmila Patial, Additional Advocates General, Mr. Raj Negi and Mr. J.S. Guleria, Deputy Advocates General.
For the Respondents:Mr. Ajay Kochhar, Senior Advocate, with Mr. Anubhav Chopra, Advocate, Respondents No. 2 & 3 in person.

JUDGMENT :

Sushil Kukreja, J.

The instant appeal has been preferred by the appellant/State under Section 378 of the Code of Criminal Procedure against the impugned judgment dated 17.11.2014, passed by learned Additional Sessions Judge-I, Solan, District Solan, H.P., in Sessions Trial No. 17-S/7 of 2007, whereby the accused persons, namely Dr. Ajay Kumar Sethi (since deceased), Dr. Kuldeep Dhawan, Sanjay Bhardwaj and Dev Varat Sharma (respondents No. 1 to 3,herein) were acquitted for the offences punishable under Sections 195 ,196, 467, 471 and 120B of the INDIAN PENAL CODE (for short “IPC”).

2. The facts giving rise to the present appeal, as per the prosecution story, can be summarized as under:
2(a). The accused Sanjay Bhardwaj lodged FIR No. 170 dated 30.10.2000, at Police Station Barotiwala, under Sections 307 , 364, 506 read with Section 34 IPC against Sarvsheel Mago, Aman Mago and Komal Mago but after conducting investigation, the police prepared cancellation report in the aforesaid FIR. However, on a private complaint filed by accused Sanjay Bhardwaj against the aforesaid Sarvsheel Mago, Aman Mago and Komal Mago, in respect of the same incident, disagreeing with the cancellation
































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