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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Mr Justice Rakesh Kainthla, J
Rakesh Kumar – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present revision petition for quashing the order of framing the charges dated 16.05.2023 for the commission of offences punishable under Sections 506, 509 of Indian Penal Code ( for short IPC) and Section 3(2) va of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 ( for short SC & ST Act) passed by learned Special Judge, Una, ( learned Trial Court). (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 informant (name being withheld to protect her identity) filed a complaint before the police asserting that her photo was altered by Sudarshan Singh and petitioner Rakesh Soni into an indecent photo which was made viral. The police registered the FIR and conducted the investigation. The informant produced one mobile phone and three photographs which were seized by the police. The police found that one altered photograph of the informant and one boy was sent to the informant’s mobile phone. She disclosed this fact to her sister, one or two wome
The court held that prima facie evidence supported the framing of charges under the IPC and SC & ST Act, affirming that lack of territorial jurisdiction does not invalidate the investigation.
The main legal point established in the judgment is the requirement for investigation under the SC & ST Act to be conducted by a specified police officer, and the impact of non-compliance on the sust....
Murder – Mere fact that deceased belonged to a Scheduled Tribe does not, ipso facto, attract provisions of Sections 3(2)(v) and 3(2)(vi) of SC/ST Act, 1989.
The magistrate has no power to order further investigation suo motu or on the request of the complainant/informant after cognizance is taken and the accused person appears, nor does the magistrate ha....
Further investigation – Whether further investigation should or should not be ordered is within discretion of Magistrate who will exercise such discretion on facts of each case and in accordance with....
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