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2025 Supreme(Online)(HP) 8337

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
BANKU RAM – Appellant
Versus
STATE OF HP AND ANR – Respondent


Petitioner Advocates:Nishant Khidtta ,Respondent Advocate: AG AG

115(2), 118 (1) and 238 of the Bharatiya Nyaya Sanhita (hereinafter referred to as ‘the BNS’) w.ith Police Station, Barsar, District Hamirpur, H.P., as well as, the proceedings resultant thHereto, stated to be pending before the Court of learned Judicial Magistrate First Class, Barsar, District Hamirpur, H.P. (hereinafter referred to as ‘the trial Court’).

2. Brief facts, leading to filing of the present petition, may be summed up, as under:

On 31.7.2025, Police of Police Station, Barsar, Hamirpur received an information, qua a qua rrel having been taken place, between the petitioner and one Sunila Kumari. Thereafter, on the statement of respondent No. 2, FIR has been registered. In the statement of respondent No. 2, she has levelled allegations, qua the petitioner (her husband) that he used to beat her and treat her with cruelty.

3. After registration of the FIR, Police has investigated the matter. On the basis of medical report, Section 118(1) of the BNS was added, in this case. Since, the petitioner had not disclosed abo.ut the weapon of offence, as such, Section 238 of the BNS was also added, in this case. H

4. Thereafter, charge-sheet has been filed, before the Court of learned J

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