RAHUL SHARMA Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition, petitioner has prayed for quashing of FIR No. 489 of 2018, dtd. 13/10/2018, registered at Police Station Sadar, Una, District Una, H.P. under Ss. 341 and 143 of IPC and consequent criminal proceedings arising therefrom i.e. Criminal Case No. 77 of 2019, titled State of H.P. vs. Nikhil Kumar and others, pending before the Court of learned Additional Chief Judicial Magistrate, Court No.1 Una, District Una, H.P.

(2.) Petitioner has been arrayed as one of the accused in the above noted case registered under Ss. 341 and 143 of IPC. Briefly stated the facts giving rise to the present petition are that a boy namely Naresh Kumar alias Sumit, who was a local resident of Raipur, was missing since September, 2018 and on 12/10/2018, an information was received at Police Station through the Pradhan, Gram Panchayat, Kotla Khurd that a man was found hanged on a tree, who later on was identified as Naresh Kumar alias Sumit. Large number of people gathered on NH-503 and disrupted the traffic. The residents of the area had gathered to protest against the insufficient investigation in relation with the death of Naresh Kumar alias Sumit residents of Raipur Sahora, Tehsil and District Una.

(3.) It is contended on behalf of the petitioner that he was never involved in any offence as alleged in the FIR. Even his name did not find mention in the FIR. The investigating agency has not been able to gather any legal evidence against him. It is further submitted that in identical cases of persons facing similar accusations, co-ordinate Benches of this Court have quashed the FIR qua them vide orders dtd. 3/11/2022 and 12/10/2022 passed in Cr.MMO No. 970 of 2022 and Cr.MMO No. 656 of 2022, respectively.