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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Pushpinder Banyal – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Rakesh Kainthla, J.
Informant Dr. Uday Bhanu made a complaint to the police that the victim was brought to Mandav Hospital on 06.05.2024 at about 5:40 p.m. for delivering a child. She was 17 years old as per the Jacha Bacha card issued to her. Her husband Kundan Lal was with her. She delivered a boy in the hospital. Since the victim was a minor, therefore, the police registered the F.I.R. for the commission of offences punishable under Section 376 of the Indian Penal Code (short IPC ) and Section 6 of the Protection of Children from Sexual Offence Act, 2012 (short POCSO) and Sections 9 and 10 of the Prohibition of Child Marriage Act, 2006 . The police conducted the investigation and filed a charge sheet before the learned Special Judge, Fast Track Court, Mandi, District Mandi, H.P. after the completion of the investigation. The learned Trial Court ordered the summoning of the accused mentioned in the charge sheet vide order dated 30.08.2024.
2. Being aggrieved from the registration of the F.I.R., the petitioner has filed the present petition for quashing the summoning order, charge sheet and F.I.R. It has been asserted that a false case was made against the petitioner on th
The court upheld the validity of the FIR against the petitioner, emphasizing the obligation to report under the POCSO Act when aware of a minor's pregnancy.
(1) If a prima facie case is made out disclosing ingredients of offence alleged against accused, Court cannot quash a criminal proceeding.(2) Cognizance of offence – Magistrate can ignore conclusion ....
The court established that allegations in an FIR, if taken at face value, can substantiate the commission of a cognizable offence, thus inhibiting quashing unless clearly abusive or lacking merit.
Judicial orders must reflect application of mind; mechanical summoning orders without reasoning are invalid.
(1) Merely because list of witnesses was not filed alongwith protest petition, it cannot be said that protest petition cannot be treated as a complaint.(2) Fair, just and proper investigation is esse....
The mandatory requirement of recording evidence under Section 200 and 202 Cr.P.C. before summoning the accused and the limited nature of the inquiry under Section 202.
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