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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Sumehar Chand Narwal – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. complaint of potential spying with cctv. (Para 1) |
| 2. arguments on harassment claims and pending civil dispute. (Para 2 , 3) |
| 3. respondents' defense and assertions of fir's validity. (Para 4 , 5) |
| 4. counsel presentations about fairness of investigation. (Para 6 , 7 , 8 , 9 , 10) |
| 5. judicial principles for quashing criminal proceedings. (Para 12 , 13 , 14 , 15 , 16) |
| 6. elements of stalking and relevance of evidence. (Para 17 , 18 , 19) |
| 7. limitations on the introduction of fresh evidence. (Para 20 , 21 , 22 , 23 , 24) |
| 8. court's restrictions in evaluating evidence. (Para 25 , 26 , 27 , 28 , 29) |
| 9. court's decision regarding the involvement of respondent no.4. (Para 30 , 31 , 32) |
| 10. ruling on fir quashing and continuation of certain charges. (Para 33 , 34) |
1. The informant-respondent No. 2 made a complaint to the police stating that she is residing in a house constructed by her father-in-law. Petitioner No.1 Sumer Narwal has constructed a house on the upper side of the informant’s house. The house of the petitioner No.1 has 4-5 storeys. He has installed a CCTV camera in the courtyard of his balcony which is facing the lintel of the house of the
Courts may quash FIRs under Section 482 Cr.P.C. if the allegations do not satisfy the essential ingredients of the alleged offences; jurisdiction must be exercised sparingly.
FIR not quashable where allegations of blocking judicial officer's residence and demanding bail prima facie show criminal trespass intent to intimidate; no mini-trial, accept FIR as true, especially ....
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 High Court reaffirmed the stringent standard for quashing FIRs, emphasizing that allegations must disclose a cognizable offence and be supported by prima facie evidence.
The Court emphasized that the determination of the truthfulness of allegations and sufficiency of evidence is within the domain of the trial court, and the exercise of inherent power to quash the FIR....
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 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.
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