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2024 Supreme(HP) 474

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Sanjeev Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.D. Gill, Advocate.
For the Respondent:Mr. Rajan Kahol, Mr. Vishal Panwar and Mr. B.C. Verma, Additional Advocates General with Mr. Ravi Chauhan, Deputy Advocate Mr. Anuj Nag, Advocate

JUDGMENT :

Sandeep Sharma, J.

1. By way of present petition filed under Section 482 CrPC, petitioner herein, who is a police official, besides making prayer to quash FIR No. 88 of 2015, dated 9.4.2015, under Sections 341 , 323 and 504 of IPC registered with Police Station Kangra, District Kangra, Himachal Pradesh, has also prayed to set aside order dated 21.6.2022, passed by the learned Additional Chief Judicial Magistrate, Kangra, District Kangra, Himachal Pradesh, whereby court below ordered for transfer of the case titled State of Himachal Pradesh v. Sanjeev Kumar, under Sections 341 , 323 and 504 of IPC, to the court of learned Additional Chief Judicial Magistrate Kangra, District Kangra, Himachal Pradesh from Gram Panchayat Haler Kalan.

2. Precisely, the facts of the case as emerge from the record are that on 9.4.2015, one Smt. Subashana Devi, wife of Sh. Trilok Chand, lodged a complaint at Police Station Baijnath, District Kangra, Himachal Pradesh, alleging therein that while she had returned from Mata Vaishno Devi Temple and had reached near Kangra Bus Stand, a bus belonging to Kaundal Bus Service, came from behind and hit a five year child namely Apoorav. Complainant alleged

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