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2014 Supreme(HP) 1406

TARLOK SINGH CHAUHAN
Rama Nand Rathore – Appellant
Versus
State of H. P. – Respondent


Advocates Appeared:
For the Appellant :Y.P.S. Dhaulta and Bhim Raj Sharma, Advocate
For the Respondent:Meenakshi Sharma, Rupinder Singh, Additional Advocate Generals and Parul Negi, Deputy Advocate General, Advocate

JUDGMENT :

Tarlok Singh Chauhan, J.

Democracy expects openness and openness is a concomitant of a free society and sunlight is the best disinfectant. It cannot be disputed that ordinary rule is that secrecy must be an exception, justifiable only when it is demanded by the requirement of public interest.

2. These observations are being made in context of the present petition which seeks quashment of FIR No. 145 of 2014, dated 29.11.2014, registered under Sections 447 and 341 of the Indian Penal Code (for short 'IPC'), registered at Police Station East, Chhota Shimla. However, the copy of the FIR has not been placed on record. In response to the query as to why the copy of FIR has not been placed on record, the petitioner, who is present in person, has stated that he is senior citizen of 70 years of age and retired as Assistant Commissioner from the Department of Excise and Taxation, Himachal Pradesh. Being a respectable person, he is too scared to go to the Police Station to get a copy of the FIR, because he may be arrested, since the complainant happens to be none other, than the Superintendent of Police at Shimla. He further apprised this Court that he has already applied for the cop




























































































































































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