OM PARKASH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) This petition under Sec. 482 Code Criminal Procedure has been filed for quashing proceeding in Cr.MA No.299-1 of 2009 pending in the Court of learned Judicial Magistrate Ist Class, Court No.II, Sunder Nagar.

(2.) It has been stated that Madan Dhiman, SHO, Police Station, BSL Colony, Sunder Nagar vide diary No.24(A) dated 29.6.2009 has alleged that he alongwith other officials was on patrolling duty at about 8.45 p.m. on 29.6.2009 on S-O Chowk Sunder Nagar, he allegedly found Tempo No.HP32A 5777 had obstructed the road leading to market. He was challaned under Sec. 177 of the Motor Vehicles Act by Head Constable Rajinder Kumar. In the meantime, a person in Car No. HP 32-1947 came and stopped the car and said why the police were troubling the people. The said person alleged that he had contacts with S.P. and DIG and he was conversant with Indian Penal Code and Code Criminal Procedure He started arguing. He was advised that it was the duty of the police to maintain law and order. He was further told by the SHO that he was discharging public duty. The said person told SHO that it appeared the SHO was new man in the area, Rajinder Kumar knew him well. He threatened SHO to get him transferred . It came out that the said person was Om Parkash. He obstructed SHO and his subordinates to perform the duty. He started his car dangerously and fled away from the spot by the time he could be stopped.

(3.) It has been stated that the petitioner was challaned, subsequently, challan was sent for further proceeding before learned Judicial Magistrate Ist Class, Court No.II, Sunder Nagar. The petitioner is thus facing trial in Cr.M.A. No.299-1 of 2009. The notice of accusation has been put to the petitioner under Sec. 186 Indian Penal Code. Madan Dhiman, SHO is complainant and author of the incident. He conducted the investigation and very likely will appear in evidence during trial. The investigation has vitiated. The submission has been made for quashing of the proceedings.