RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner-Rakesh Kumar has filed the present petition, under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'BNSS'), for quashing and setting aside the order dtd. 5/10/2023, passed by the Court of learned Additional Chief Judicial Magistrate, Court No.1, Shimla, H.P. (hereinafter referred to as the 'trial Court'), in Police Challan No.449/2018, titled as 'State of H.P. Vs. Dharmender Kumar @Mahender Kumar".

(2.) By way of the order dtd. 5/10/2023, the learned trial Court has dismissed the application, filed by the petitioner, under Sec. 173(8) of Code of Criminal Procedure (hereinafter referred to as the 'CrPC'), for further investigation of the matter.

(3.) The factual position, as pleaded, in the application, in brief, as under:-