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2024 Supreme(HP) 416

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
TARLOK SINGH CHAUHAN, SUSHIL KUKREJA, JJ.
 
Sarv Dayal and others - Petitioners
Versus
State of H.P and others - Respondent
Cr.W.P No. 10 of 2024
Decided on : 29-08-2024
 

Advocates:
Advocate Appeared:
For the Petitioner:Mr. Desh Raj Thakur, Advocate.
For the Respondent:Mr. I.N. Mehta, Sr. Addl. A.G. with Ms.Sharmila Patial, Addl. A.G, Mr. Navlesh Verma, Addl. A.G., Mr. J.S. Guleria, Dy. A.G and Mr. Raj Negi, Dy. A.G for Mr. R.L. Sood, Senior Advocate with Mr. Aakash Thakur

A petition cannot proceed in parallel with existing judicial proceedings on the same matter; courts should refrain from intervening when adequate remedies exist.

Headnote:(A) Constitution of India - Articles 226 and 227 - Criminal Procedure Code - Section 156(3) - Allegations of human rights violations by police officials - Petitioners allege assault and threats by police after reporting on a local dispute; court emphasizes existing parallel procedures in place and declines jurisdiction. (Paras 9-10, 12-20)

(B) Judicial Discretion - The court holds that it should not interfere where an adequate remedy exists elsewhere. The petitioners had already pursued a complaint under Section 156(3) Cr.PC before filing this writ. (Paras 11-12)

(C) Public Policy - Reiterates the principle that one cannot pursue two concurrent remedies on the same matter. (Paras 15-17)

Table of Content
1. factual background regarding the petition. (Para 1 , 2 , 3)
2. respondents' denial of allegations. (Para 4 , 5 , 6)
3. discretion of court regarding alternative remedies. (Para 10 , 11 , 12 , 15 , 20)
4. rights to pursue legal remedies. (Para 21 , 24)
5. conclusion on dismissal of the petition. (Para 22 , 25)

Tarlok Singh Chauhan, J.

1. A letter from the petitioners dated 04.04.2024, was received in the Registry of this Court on 10.04.2024 and on the directions of Hon’ble the Chief Justice, was ordered to be registered as Criminal Writ Petition and has now been registered as Cr.W.P No. 10 of 2024.

2. The prayer made in the letter was two fold; (i) stern action be taken against Chander Shekhar, Dy.SP and Police officials of Police Station, Anni for violation of human rights and; (ii) FIR may be registered on the basis of this complaint.

3. The aforesaid letter is in Hindi and its translation is as under:-

To

Hon’ble Chief Minister,

Himachal Pradesh.

Subject: Complaint for registration of an FIR against Chander Sekhar Kaith, Dy. Superintendent of Police (DSP), Ani and other police officials of PS Nirmand for giving beatings to Sarvdyal, Madan Lal and Neema Ram.

Sir,

This is to submit that I, Sarvdyal son of late Shri Sangat Ram, Neema Ram son of Jeevat Ram and Madan Lal son of Shri Shyam Lal are the permanent residents of village Charudwar, P.O. Arsu, Tehsil Nirmand, District Kullu, H.P., village Shaathal, P.O. Arsu, Tehsil Nirmand, District Kullu, H.P., P.O. Arsu, Tehsil Nirmand, District Kullu, H.P., respectively. All three have been working as Reporters for a local news channel named as Local News of India-”Gaon Ki Goonj Dilli Tak” for past 2 years. On 01.04.2024, we i.e. Sarvdyal and Mandal Lal had gone to village Juny, Gram Panchayat Nishani, Development Block Nirmand for news coverage. The officials of Forest Department and that of the Revenue Department have instituted false cases of unauthorized possession of land measuring just 3 bishwanshi(s) each and this possession was being removed in compliance to the orders of the Hon’ble High Court. The local people were agitating against this action and we telecast this incident on our channel and we had covered this incident involving the officials of Forest Department and the local people. Thereafter, officials of the Forest Department and Police Department left the venue. While we i.e. Madan Lal and I were returning home after the coverage, we came across a police vehicle in which the wire crates were loaded and we made a video of this vehicle. At about 8:00 p.m. I sent the same video to Lokender Singh Vedic, Chief Reporter of Lok News of India. In order to verify the video, he had a conversation with Dy. S.P. Chander Sekhar Kaith. The said video had not been telecast on any channel by that time. Thereaf ter, at about 9:00 p.m. till 10:00 p.m. I was called repeatedly over the phone for reporting at the police sation and was asked as to how I made a video of the police vehicle and was further threatened to be put behind the bars. I can produce the recording of the same. Thereafter, I aired the entire episode live on my facebook page which is in the name of Sarv Dayal Azad and I also telecast the said recording on my facebook page.

I asked the DSP regarding my fault for which he was repeatedly threatening me and I told him that the actual fault lies with his officials who had loaded the wire crates in their vehicle. On April 2, 2024, in the morning, I received a call for reporting at PS Nirmand. Whereupon I alongwith Neema Ram went to Nirmand. At around 12:00 p.m. no sooner had we reached the Tehsil Office at Nirmand, the DSP and other police officials forcibly took Neema Ram, Madan Lal and me by continuously giving us beatings with sticks. They gave us beatings with stick and belts which made us unconscious and they trampled on us with their shoes on. These severe beatings had caused injury-marks on our bodies. Photographs whereof can be provided when required. They also s

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