KULDEEP Vs. STATE OF HP AND OTHERS

JUDGEMENT

(1.) Present petition is filed under Section 482 of the Code of Criminal Procedure 1973 for quashing FIR No.9 of 2012 dated 24.5.2012 registered under sections 336,337, 427 read with section 34 IPC and for quashing consequential criminal proceedings pending before learned Chief Judicial Magistrate Kinnaur at Reckong Peo District Kinnaur HP.

(2.) It is alleged that on 24.5.2012 at about 1.30 PM at place Thophan within jurisdiction of police station Pooh accused persons being contractor and labour in furtherance of common intention of each others acted rashly and negligently and endangered human life and personal safety of others. It is alleged that accused persons committed blasting operation on Thopan Jangi road and caused hurt to Dara Singh, Amreek Singh and Raj Kumar by way of their negligent act. It is further alleged that accused persons also committed mischief by way of causing wrongful loss and damage to vehicle No. HP-06-2161 and totally damaged the vehicle by way of blasting operation.

(3.) Investigation conducted and criminal case filed against accused persons before learned Chief Judicial Magistrate Kinnaur at Reckong Peo. Learned Chief Judicial Magistrate summoned accused persons under Sections 336, 337 and 427 IPC read with section 34 IPC. Learned Trial Court after hearing learned Public Prosecutor and learned Advocate appearing on behalf of accused persons framed charge against accused persons under section 336, 337, 427 read with section 34 IPC on dated 8.10.2014. Thereafter learned Chief Judicial Magistrate Kinnaur at Reckong Peo listed the case for prosecution evidence. Thereafter present petition filed by co-accused Kuldeep under section 482 code of criminal procedure.