TEJ PAL SHARMA Vs. STATE OF HIMACHAL PRADESH.

JUDGEMENT

(1.) By way of this petition, filed under Sec. 482 of the Code of Criminal Code, the petitioner has prayed for the following relief:­

(2.) Learned counsel for the petitioner has drawn the attention of the Court to Annexure P­2 appended with the petition and submitted that the petitioner therein, who was similarly situated as the petitioner, but booked as an accused under a different FIR, though relating to the same incident, has already been granted the relief by the Hon'ble Coordinate Bench of this Court and therefore, it will be in the interest of justice in case present petition is allowed in terms of the prayers made therein. This fact could not be disputed by learned Additional Advocate General.

(3.) Having carefully gone through the averments made in the petition as well as the FIR appended therewith as also Annexure P­2, this Court is of the considered view that there is merit in what learned counsel for the petitioner is submitting, for the reason that when a petition filed under Sec. 482 of the Criminal Procedure Code by a person similarly situated as the petitioner, has been allowed by the Hon'ble Coordinate Bench, then the same treatment should be given to the petitioner also. The Court is making this observation, for the reason that it is not in dispute that though the FIRs are different in the present case and in the case dealt with in Annexure P­2, but the FIRs were lodged on the basis of the same alleged incident, which took place under Police Station, Una Sadar, Distt. Una, H.P. on 15/10/2018.