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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 correctly dismissed complaint lacking cognizable offence. (Para 1 , 2 , 3 , 4 , 5) |
| 2. petition claims cognizable offences disclosed warranting fir. (Para 6 , 7) |
| 3. hc inherent powers under s.528 bnss exercisable sparingly post-revision. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. shrc proceedings judicial; protected under judges protection act. (Para 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22) |
| 5. petition attempts to browbeat and terrorise courts. (Para 23) |
| 6. no fault in lower courts; petition dismissed. (Para 24 , 25) |
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 2ndMay 2025, passed by the learned Additional Sessions Judge CBI Courts, Shimla (learned Revisional Court), and 6th August 2024, passed by the learned Judicial Magistrate First Class Court No.5, Shimla (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 complainant filed a complaint before the lea
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....
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....
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....
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....
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.
Prosecution of a public servant requires prior sanction under Section 197 Cr.PC; absence of such sanction voids the proceedings against the petitioner.
Section 145 CrPC proceedings quashed lacking imminent breach apprehension, delayed initiation post-police resolution, untested witness evidence sans cross-examination, and title adjudication; inheren....
Revision under Section 397(1) Cr.P.C. read with Section 401 Cr.P.C. not maintainable against the revisionary order of the Sessions Judge - No grounds for exercise of inherent power by this Court unde....
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