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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Om Chand – Appellant
Versus
State of H.P. – Respondent
Rakesh Kainthla, J.
The petitioner has filed the present petition for setting aside the order dated 15.11.2022, passed by learned Judicial Magistrate First Class, Sarkaghat, District Mandi, H.P. in Cr.MA No. 129 of 2022, titled Om Chand Vs. Bipin Singh and others, vide which the prayer to send the application to the police for registration of FIR was declined. (The parties shall hereinafter be referred to in the same manner as they were arrayed before the learned Trial Court for convenience).
2. Briefly stated the facts giving rise to the present petition are that the petitioner/complainant filed an application under Section 156(3) of Cr.P.C. for the registration of the FIR for the commission of offences punishable under Sections 420, 465, 466, 467, 468, and 471 read with Section 34 of the Indian Penal Code ( IPC ). It was asserted that accused No.1 Vipin Singh filed an application before Deputy Commissioner, Mandi under Section 14 of the National Trust Act and became the guardian of Prem Singh and Titu Ram. Titu Ram and Prem Singh were deaf and dumb. He filed a civil suit No. 142 of 2015, titled Vipin Singh Vs. General Public and became the guardian of Prem Singh and Titu Ram to mai
The court affirmed that a petitioner lacks locus standi in criminal matters and that the allegations did not constitute a cognizable offence under IPC.
The main legal point established is that criminal proceedings should not be used as a tool for harassment in civil disputes, and the inherent power under Section 482 Cr.P.C. should be used to prevent....
The main legal point established in the judgment is the abuse of process of law and the quashment of F.I.R. based on the principles laid down by the Hon'ble Supreme Court.
High Courts can exercise inherent powers under Section 482 of the Cr.P.C. to prevent injustice, even if alternate remedies are available.
The court has the inherent power to prevent abuse of process and secure the ends of justice, and criminal proceedings should not be permitted to continue if the dispute is purely civil in nature and ....
The word “cognizance” has not been defined under Cr.P.C. To unveil the legal quandary, a brief survey of 'Cognizance' would illuminate everything, clearing all concepts, therefore, this Court is refe....
The court clarified the distinction between inquest proceedings and investigation of cognizable offences, emphasizing that the registration of a case for investigation can be justified even during th....
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