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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
RAKESH KAINTHLA
Ashish Sharma – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. lower courts dismissed fir application lacking cognizable offence. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petitioner alleges courts erred; offences disclosed. (Para 6 , 7) |
| 3. inherent powers under section 528 exercisable sparingly for injustice. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. labour court po protected under judges protection act. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
| 5. no fault in lower orders; petition dismissed. (Para 25 , 26) |
Judgment :
Rakesh Kainthla, J.
The petitioner has filed the present petition under Section 528 of Bhartiya Nagrik Suraksha Sanhita (BNSS) for quashing and setting aside orders dated 31st July 2025, passed by the learned Additional Sessions Judge CBI Courts, Shimla (learned Revisional Court), and 21st February 2024, passed by the learned Judicial Magistrate, Second Class, Court No.6, (learned Trial Court). (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 petition are that the applicant filed an application before the learned Trial Court under Section 156 (3) of the Criminal Procedure Code, 1973
Presiding Officers of Labour Courts entitled to judicial immunity under Judges (Protection) Act against criminal proceedings for bona fide judicial acts; High Court inherent powers post-revision limi....
High Court’s inherent powers under BNSS Section 528 exercisable sparingly post-revision bar to prevent miscarriage of justice; quasi-judicial proceedings before human rights commission protected unde....
Criminal complaints over non-provision of information under RTI Act barred by Section 23 except via statutory appeals; high court inherent powers under Section 528 BNSS exercised sparingly post-revis....
Judges acting in quasi-judicial roles are protected under the Judges (Protection) Act, 1985, requiring prior sanction for prosecution, which the Trial Magistrate failed to consider.
Criminal complaints for non-supply of RTI information barred by Section 23 RTI Act; exclusive remedy via appeals. Inherent powers under Section 528 BNSS not invocable post-revision absent grave misca....
Prosecution of a public servant requires prior sanction under Section 197 Cr.PC; absence of such sanction voids the proceedings against the petitioner.
Summary proceedings under Section 384 BNSS for courtroom misconduct valid if cognizance before rising of Court; inherent powers not to quash show cause notices where allegations disclose offence prim....
A judge must operate within their assigned jurisdiction; any order made outside this scope is void.
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