DINESH KUMAR Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgment shall dispose of Cr.MP(M) No. 798 of 2011 and Cr.MP(M) No. 799 of 2011 as both the applications filed under Section 438 Code of Criminal Procedure. have arisen from FIR No. 190 of 2011 registered on 4.9.2011 at Police Station, Sadar, under Sections 147, 148, 149, 307 and 506 Indian Penal Code. The status report has been filed in Cr.MP(M) No. 798 of 2011 and the same has been perused.

(2.) IN Cr.MP(M) No. 798, it has been stated that the case has been registered on the complaint of one Rajinder Thakur alleging therein that on 4.9.2011 at about 4.00 p.m. when he alongwith other taxi drivers was present in the taxi stand five - six vehicles packed with many persons came from Tutikandi side, who were armed with danda and weapons, they attacked the complainant and other taxi drivers as a result of which they sustained injuries. It has been stated that no offence has been committed by the Petitioner, rather the complainant party who were large in number had quarreled with the persons of taxi union of ISBT, Shimla over the issue of taxi union in the newly shifted bus stand, Shimla. The Petitioner has nothing to do with either of the taxi union but he has been wrongly implicated in the case. It has been alleged that prima facie no case is made out under Section 307 Indian Penal Code. The Petitioner had applied anticipatory bail application before the learned Additional Sessions Judge (Fast Track Court), Shimla, which was rejected.

(3.) IN Cr.MP(M) No. 799 of 2011 more or less the similar averments have been made as made in Cr. MP(M) No. 798 of 2011.