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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Avtar Singh Walia – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for quashing of F.I.R. No. 36 of 2021, dated 24.04.2021, registered for the commission of an offence punishable under Section 170 of the Indian Penal Code ( IPC ), at Police Station Dalhousie, District Chamba, H.P. and the consequential proceedings arising out of the FIR. (The parties shall hereinafter be referred to in the same manner as they are arrayed before the learned Trial Court for convenience.)
2. Briefly stated, the facts giving rise to the present petition are that the informant made a complaint to the police, asserting that the petitioner/accused was an elected member of the Cantonment Board Dalhousie. His tenure expired on 10th February 2021. The petitioner was inimical to the informant’s family. The petitioner moved an objection on 16th March 2021, before the Chief Executive Officer of Dalhousie Cantonment, regarding the inclusion of the names of Bhagat Singh (informant’s father), Smt. Surinder Kaur (the informant’s mother), Inderjit Singh (the informant’s brother), and Smt. Pushpinder Kaur (the informant's sister-in-law) in the electoral role for Ward No. Five. He used the official seal to whic
The court held that allegations in the FIR disclosed a prima facie case under Section 170 IPC, and quashing was not warranted at this stage.
The court held that an FIR cannot be quashed if it discloses cognizable offences, and allegations of mala fide do not suffice for quashing proceedings.
The court ruled that an FIR cannot be quashed based on allegations of mala fides if it discloses cognizable offences, emphasizing the necessity of a trial to assess the truth of the allegations.
The court upheld the FIR against the petitioner, ruling that sufficient allegations existed to constitute cognizable offences, and the truth of these allegations could not be evaluated at the quashin....
The court cannot quash an FIR based on allegations of mala fides or insufficient evidence; it must determine if the FIR discloses a cognizable offence.
The court cannot assess the truthfulness of allegations in an FIR at the quashing stage; it must determine if the FIR discloses a prima facie case for proceeding.
The court held that allegations in the FIR constituted cognizable offences, including voyeurism and assault, and dismissed the petition to quash the FIR.
The court held that specific allegations of assault and trespass in the FIR constituted cognizable offences, thus not warranting quashing.
An FIR cannot be quashed if the allegations, taken at face value, indicate the commission of cognizable offences, and the court cannot assess their truthfulness at this stage.
The court ruled that an FIR can only be quashed if the allegations do not constitute a cognizable offence, and the truthfulness of the allegations cannot be determined at the quashing stage.
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