State of H.P. vs Kalyan Singh - 2026 Supreme(HP) 21

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(HP) 21

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
State of H.P. – Appellant
Versus
Kalyan Singh – Respondent

Advocates Appeared:
For the Appellant : Ajit Sharma
For the Respondent: N.K. Tomar

JUDGMENT :

RAKESH KAINTHLA, J.

1. The present appeal is directed against the judgment dated 30.5.2014, passed by learned Judicial Magistrate First Class, Rajgarh, District Sirmour, H.P. (learned Trial Court), vide which the respondent (accused before the learned Trial Court) was acquitted of the commission of offences punishable under Section 447 of the Indian Penal Code ( IPC ) and Section 26 of Indian Forest Act. (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 appeal are that the police presented a challan before the learned Trial Court for the commission of offences punishable under Section 447 of the IPC and Section 26 of the Indian Forest Act. It was asserted that Amar Singh (PW6) made a complaint to the police (Ex.PW6/A) stating that the accused, Kalyan Singh, had encroached upon more than 10 bighas of land in the Reserved Forest, Manva and Kaloha; hence, an action should be taken against him. The police registered an FIR (Ex.PW7/A). Yoginder Sain (PW5) demarcated the land and found that the accused, Kalyan Singh, had encroached upon Kh