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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Virender Singh – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. filing of petition to quash fir (Para 1) |
| 2. allegations of false implication and political vendetta (Para 2 , 5) |
| 3. details of recovery and charges against petitioners (Para 3) |
| 4. opposition and arguments by the state and informant (Para 6 , 7) |
| 5. court's consideration of submissions (Para 8) |
| 6. jurisdiction under section 482 cr.p.c. (Para 9 , 10) |
| 7. issues regarding division of recovery (Para 11 , 14) |
| 8. possibility of political influences (Para 12) |
| 9. cognizance of offences and fir details (Para 13 , 23) |
| 10. evidence required for quashing the fir (Para 15 , 19 , 20) |
| 11. trial court's authority after charge sheet (Para 24 , 25) |
| 12. conclusion of the petition (Para 26 , 27) |
Rakesh Kainthla, J.
The petitioner has filed the present petition for quashing of FIR No. 05 of 2021, dated 19.01.2021, registered at Police Station Kupvi, District Shimla, H.P, for the commission of offences punishable under Section 39 (1)(a) of H.P. Excise Act, 2011 and Section 171E read with Section 34 of INDIAN PENAL CODE (in short ‘IPC’) and the consequential proceedings arising out of the FIR.
2. It has been asserted that the petitioners were falsely implicated in the FIR at the instance o
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