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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA
Sanjeev Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
Sandeep Sharma, J.
1. By way of present petition filed under Section 482 CrPC, petitioner herein, who is a police official, besides making prayer to quash FIR No. 88 of 2015, dated 9.4.2015, under Sections 341 , 323 and 504 of IPC registered with Police Station Kangra, District Kangra, Himachal Pradesh, has also prayed to set aside order dated 21.6.2022, passed by the learned Additional Chief Judicial Magistrate, Kangra, District Kangra, Himachal Pradesh, whereby court below ordered for transfer of the case titled State of Himachal Pradesh v. Sanjeev Kumar, under Sections 341 , 323 and 504 of IPC, to the court of learned Additional Chief Judicial Magistrate Kangra, District Kangra, Himachal Pradesh from Gram Panchayat Haler Kalan.
2. Precisely, the facts of the case as emerge from the record are that on 9.4.2015, one Smt. Subashana Devi, wife of Sh. Trilok Chand, lodged a complaint at Police Station Baijnath, District Kangra, Himachal Pradesh, alleging therein that while she had returned from Mata Vaishno Devi Temple and had reached near Kangra Bus Stand, a bus belonging to Kaundal Bus Service, came from behind and hit a five year child namely Apoorav. Complainant alleged
The court emphasized the limitations of its power under Section 482 of Cr.P.C. and the need for cross-cases to be tried together to avoid conflicting findings.
Point of Law : Section 482 is an overriding section which saves the inherent powers of the court to advance the cause of justice. Under Section 482 the inherent jurisdiction of the court can be exerc....
The court emphasized that the veracity of defense materials cannot be examined at the stage of quashing the FIR and that the power of quashing should be exercised sparingly. It also highlighted that ....
Power under Section 482 Cr.P.C. is very wide, but conferment of wide power requires court to be cautious. It casts an onerous and more diligent duty on court.
The power to quash criminal proceedings should be exercised sparingly and in rarest of rare cases, and a prima facie case must be established for the charges to be framed.
FIR quashed under Section 528 BNSS as counter-blast to petitioner's prior complaint alleging outraging modesty, per Bhajan Lal Category 7, due to unexplained six-day delay and mala fide intent amid l....
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