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2024 Supreme(HP) 454

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Ranjan Sharma,
Varun Galhotra @ Vanu – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. Savneel Jaswal, Advocate.
For the Respondents:Mr. Pratush Sharma, AdditionalAdvocate General, Mr. Kunal Thakur, Advocate

JUDGMENT :

Ranjan Sharma, J.

1. The petitioner ­accused [Varun Galhotra @ Vanu] has come up before this Court under Section 482 of Criminal Procedure[hereinafter referred to as ‘Cr.P.C.’] , seeking quashing and setting ­a side the FIR No.0096 of 2019 under Sections 279 , 337, 304­AA of the INDIAN PENAL CODE [hereinafter referred to as ‘IPC’] read with Section 185 of the MOTOR VEHICLES ACT [hereinafter referred to as ‘ACT’] registered on 22.06.2019, at Police Station Dharamshala, District Kangra [H.P.] and the criminal proceedings arising therefrom which are pending before the learned Judicial Magistrate, First Class, Dharamshala, District Kangra [H.P.] in Police Challan No. 203 of 2019 titled as State of H.P. versus Varun.

2. Factual matrix is that on 22.06.2019, a person, named Vishal informed the police; namely Chandan telephonically that a vehicle met with an accident, as it had overturned near village Kandi, on Khaniyara road. Thereafter, police officials found that a car bearing No.PB­052­3007, got struck with a water pipe and a young man was found trapped between the pipe and the vehicle. On inquiry by the police, it was found that Varun Galhotra [Petitioner], Saurav, Baljinder

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