SUBHASH VERMA Vs. STATE OF H. P.

JUDGEMENT

(1.) The instant petition, under Section 482 of the Code of Criminal Procedure, has been maintained by the petitioner for quashing of F.I.R No. 164 of 2019, dated 22.07.2019, under Sections 341, 143, 147, 149, 353, 504 and 506 of the Indian Penal Code (hereinafter to be called as "IPC"), registered at Police Station West Shimla, Boileauganj, District Shimla, H.P., alongwith all consequent proceedings arising out of the said F.I.R., pending before the learned trial Court.

(2.) The entire gamut of the matter in brief is that on 22.07.2019, a police personnel, deputed on traffic duty, telephonically informed the police of Police Station West Shimla, Boileauganj, that a mob of Advocates had assembled at Boileauganj Bazar, and are insisting to drive their vehicles through a restricted road, namely "Boileauganj via Chaura Maidan road". Consequent upon the telephonic information, the police officials arrived at the spot of agitation. The mob of the Advocates have parked their vehicles blocking the traffic movement and the petitioner was one of the agitating Advocates. The Advocates, on being asked, divulged that they intend to drive through the restricted road without having a valid permit for the same. The mob was aggressive and after an altercation, police officials were given fist blows and hurled abuses. The police officials tried their level best to pacify the situation, however, to their utter dismay the mob threatened to set ablaze the police station. The mob started raising slogans and protested on the spot. The police registered a case under the apt provisions of law and proceeded accordingly. Now, by medium of this petition, the petitioner is seeking that F.I.R No. 164 of 2019, dated 22.07.2019, under Sections 341, 143, 147, 149, 353, 504 and 506 of the Indian Penal Code, registered at Police Station West Shimla, Boileauganj, District Shimla, H.P., alongwith all consequential proceedings arising out of the said F.I.R., may be quashed.

(3.) Learned counsel for the petitioner has argued that a co-ordinate Bench of this High Court in its verdict rendered in Cr.MMO No. 339 of 2020, decided on 22.02.2021, titled Anu Tuli Azta vs. State of H.P., quashed the FIR lodged against the petitioner therein. She has further argued that the decision (supra) has been passed in a petition which is an offshoot of the same FIR, so the instant petition is also required to be allowed and no purpose will be served by keeping the proceedings alive against the petitioner and the FIR/Challan, may be quashed and set aside.