PRADEEP CHAUDHARY Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of instant criminal revision filed under S. 397 CrPC, challenge has been laid to order dated 12.2.2021 passed by learned Additional Sessions Judge, Nalagarh, District Solan, in an application No.21/2021 filed in Cr. Appeal No. 21-NL/4 of 2021, titled Pardeep Chaudhary vs. State of Himachal Pradesh, whereby learned court below though suspended the sentence imposed upon the petitioner by learned Judicial Magistrate 1st Class, Court No.2, Nalagarh, District Solan, Himachal Pradesh vide judgment dated 14.1.2021 in Cr. Case No. 30/2 of 2013 titled state of HP vs. Mahesh Kumar and others, but rejected his prayer to stay the conviction recorded by learned court below in the aforesaid case.

(2.) For having bird's eye view, certain undisputed facts as emerge from the record are that a police challan under Ss. 143, 341, 147, 148, 149, 353, 332, 324 and 435 IPC and Ss. 3 and 4 of Prevention of Damage to Public Property Act, came to be presented in the court of learned Judicial Magistrate First Class, Court No.2 Nalagarh, District Solan, against the accused persons including the petitioner, who at the relevant time was an elected member of legislative assembly in the State of Haryana.

(3.) Learned trial Court on the basis of evidence led on record by the prosecution, found the petitioner and other accused guilty of having committed offences punishable under Ss. 143, 341, 147, 148, 149, 353, 332, 324 and 435 IPC and accordingly, convicted and sentenced them as under: