STATE OF HIMACHAL PRADESH Vs. R D SHARMA

JUDGEMENT

(1.) The present petition is maintained by the petitioner/State under Section 482 Cr.P.C. against the order dated 04.07.2016, passed by the learned Additional Sessions Judge, Ghumarwin, District Bilaspur, H.P., whereby the accused/respondent was discharged in FIR No. 70 of 2014, dated 16.05.2014, registered in Police Station Barmana, District Bilaspur, H.P., under Sections 316 and 107 read with Section 34 IPC. The petitioner/State prayed for quashing and setting aside the impugned order dated 04.07.2016, whereby the accused was discharged.

(2.) The key facts necessary for disposal of the present petition can tersely be summarized thus:

(3.) Heard. The learned Additional Advocate General has argued that order dated 04.07.2016, passed by the learned Trial Court, whereby the accused/respondent has been discharged for the offences under Section 316 and 107 read with Section 34 IPC, is without appreciating the facts, which have come on record, thus the same is liable to set aside. He has further argued that offence under Section 316 read with Section 34 IPC is in all circumstances is made out against the respondent. Conversely, the learned counsel for the respondent has argued that the learned Trial Court has passed the impugned order after appreciating the facts and the same is as per law, as the respondent cannot be held liable for the offence, as committed under Section 498 IPC. He has further argued that no case is made out against the respondent as there is no allegation against him, so the petition, which sans merits, be dismissed.