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Judgment
Ajay Mohan Goel, J
By way of this petition filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to ‘Cr.P.C.’ for short), the petitioner
has prayed for the following reliefs:-
“It is, therefore, prayed that the present petition may kindly be allowed and this Hon’ble Court may be pleased to quash First Information
Report No. 0040, dated 22.4.2020 under Sections 188 and 269 of the Indian Penal Code, 1860 and Section 51 of the Disaster Management Act, 2005
lodged by Police Station, Sunni, on the complaint of Sh. Hari Kishan against the petitioners and subsequent proceedings consequent to the said F.I.R.
against petitioners pending before learned Judicial Magistrate (Court No. 5), Shimla, in CriminalCase No. 142-2 of 2020 titled State versus Anil Walia
& others in the interest of justice. Any other or further orders that this Hon’ble Court may deem fit and proper in the facts and circumstances of
the present case may also be passed in favour of the petitioners.â€
Learned Additional Advocate General has submitted the status report, which is perused and ordered to be taken on record.
I have heard learned Counsel for the petitioners as well as learned Additional Advocate General and also gone through the Status report.
As it is not in dispute that the FIR in question, quashing of which has been sought by way of this petition, has already been quashed against two
other co-accused in a petition filed under Section 482 of the Cr.P.C., which has been allowed by this Court vide judgment dated 24.12.2020 passed in
Cr.MMO No. 338 of 2020, accordingly, this petition is also disposed of on the basis of reasonings which stand assigned by this Court in the
abovementioned CRMMO by ordering the quashing of FIR No. 0040, dated 22.4.2020 registered under Sections 188 and 269 of the Indian Penal
Code, 1860 and Section 51 of the Disaster Management Act, 2005, at Police Station, Sunni, District Shimla, HP and subsequent criminal proceedings,
i.e. Criminal Case No. 142-2 of 2020, titled as State vs. Anil Walia and others, pending in the Court of learned Judicial Magistrate 1st Class, Shimla,
HP, against the present petitioners also.
The petition stands dispose of in above terms, so also pending miscellaneous application(s), if any.