Ajay Kumar Sharma vs State Of Himachal Pradesh
2021 Latest Caselaw 1403 HP

     IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                       Cr.MMO Nos. 71 and 72 of 2021
                                                       Date of decision: 26.2.2021




                                                                                   .

    1.      Cr.MMO No. 71 of 2021

    Ajay Kumar Sharma.                                                             ...Petitioner.
                              Versus





    State of Himachal Pradesh.                                                   ...Respondent.

    2.      Cr.MMO No. 72 of 2021





    Yadvender Thakur.                                                              ...Petitioner.
                              Versus
    State of Himachal Pradesh. r                                                 ...Respondent.

    Coram

    The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
    Whether approved for reporting?1

    For the Petitioner(s):                Ms.Anu Tuli, Advocate.



    For the Respondent:                   Mr.Raju Ram Rahi, Deputy Advocate
                                          General.




                       Vivek Singh Thakur, Judge (oral)

Petitioners in these petitions have approached this Court

for quashing of FIR No. 155 of 2019, dated 24.7.2019, registered in

Police Station Sadar, District Shimla, H.P. under Sections 143 and 188

of Indian Penal Code.

2. It is submitted on behalf of petitioners that offence, as

alleged in the FIR, has not been committed by the petitioners and

further that even if the contents of FIR are taken to be true as it is, for

arguments sake only, even then on the basis of contents of FIR as well

as material on record, it does not disclose commission of any offence

by the petitioners under the Sections mentioned in the FIR.

Whether the reporters of the local papers may be allowed to see the Judgment? Yes

3. It is further submitted by learned counsel for the

petitioners that in an identical case a Co-ordinate Bench of this Court

in Cr.MMO No. 306 of 2020, decided on 5.11.2020, titled as Ms.Anu

.

Tuli Azta Vs. State of Himachal Pradesh and another, has quashed

this FIR, i.e. FIR No. 155 of 2019 qua the petitioner therein on the

ground that there is nothing on record to substantiate the allegations

that petitioner therein had committed the offence alleged in the FIR.

4. The contention of petitioners that they are identically

situated to the petitioner in Cr.MMO No. 306 of 2020 has not been

disputed on behalf of respondent-State, after going through the record

made available to learned Deputy Advocate General.

5. Judgment passed in Cr.MMO No. 306 of 2020 has

attained finality. Being identically similar to the petitioner therein,

petitioners herein are also entitled for the same treatment and for the

reasons assigned in the said Cr.MMO for quashing of FIR lodged

against co-accused in identical circumstances, present petitions

deserve to be allowed and accordingly FIR No. 155 of 2019, dated

24.7.2019 registered in Police Station Sadar, District Shimla, H.P.,

under Sections 143 and 188 of Indian Penal Code is quashed qua

petitioners herein, in terms of Cr.MMO No. 306 of 2020.

Petitions stand disposed of along with pending

application(s).

                                                        (Vivek Singh Thakur),
         th
    26 February, 2021                                           Judge.
              (Keshav)