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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
Sonu @ Tashi – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petition seeks fir quashing for lack of evidence. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7) |
| 2. prosecution details assault incident and investigation. (Para 8 , 9) |
| 3. undue trial delay justifies quashing proceedings. (Para 10 , 19 , 20 , 21 , 22) |
| 4. inherent powers under s482 exercised sparingly. (Para 11 , 12 , 13 , 14 , 15) |
| 5. witness statements implicate petitioner prima facie. (Para 16 , 17 , 18) |
| 6. no speedy trial violation; expedite proceedings. (Para 23 , 24 , 25) |
| 7. petition dismissed with trial completion directions. (Para 26 , 27 , 28) |
JUDGMENT :
Virender Singh, J.
Petitioner Sonu @ Tashi, has filed the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), for quashing of FIR No. 135/2017, dated 27.11.2017, (hereinafter referred to as “FIR in question”) registered with Police Station Shimla East, District Shimla, H.P., under Sections 341, 307, 323, 325, read with Section 34 of IPC, as well as, the proceedings resultant thereto, which are pending in the Court of learned Additional Sessions Judge – 1, Shimla, District Shimla, H.P. (hereinafter referred to as “the trial Court”).
2. The relief, as claimed in th
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