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2023 Supreme(Online)(HP) 14815

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
VARUN JOSHI – Appellant
Versus
STATE OF HP – Respondent
CRMPM/2761/2023



Petitioner Advocates:Ashok Kumar Tyagi Divya Rajta ,Respondent Advocate: AG AG

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MPM No. 2761 of 2023 P Reserved on: 21.11.2023 Date of Decision: 07th December, 2023.

Varun Joshi ....Petitioner Versus State of Himachal Pradesh ....Respondent Coram Hon’ble Mr Justice Rakesh Kainthla, Judge.

Whether approved for reporting? No.

For the Petitioner : Mr. Ashok K. Tyagi, Advocate.

For the Respondent : Mr Parshant Sen, Deputy Advocate General with HC Ravinder Kumar No. 83, Police Station Dhalli, h Shimla, H.P.

gRakesh Kainthla,Judge The petitioner has filed the present petition for seeking pre-arrest bail. It has been asserted that the police registered an F.I.R. No. 182 of 2023, dated 19.09.2023, at Police Station Dhalli, against the petitioner for the commission of offences punishable under Sections 382 &120B of IPC. As per the prosecution, the petitioner and his co-accused had pressurized the informant to sign the compromise. The petitioner has taken the Mahindra Thar Whether reporters of the local papers may be allowed to see the judgment? Yes of the informant forcibly from Kufri. The petitioner also lodged an F.I.R. No. 423 of 2016, dated 27.12.2016, for the commission of offences punishable under Sections 406, 420 and 120B of IPC in Police Station Zirakpur, District SAS Nagar, Mohali, Punjab, in which the informant is one of the accused. A compromise was executed between the informant ando the petitioner without any pressure. A petition was filed befor e the High Court of Punjab and Haryana for quashing the F.I.R. The informant lodged a false report against the petitioner to harass and coerce him to make the statement before the High Court of Punjab and Haryana regarding the comprComise. The petitioner apprehends that he will be arrested. The petitioner is innocent. He is ready and willing to join the investigation and would abide by all the terms and conditions, which may be imposed by the Court upon him. Therefore, it was prayed that the present petition be allowed and the petitioner be released on bail.

2. The State has filed a status report asserting that a complaint was received under Section 156(3) of Cr.P.C. from the Court of Learned Judicial Magistrate First Class, Court No.5, Shimla. F.I.R. No. 423 of 2016 dated 27.12.2016, for the commission of offences punishable under Sections 406, 420 &120B of IPC was registered at Police Station Zirakpur, District SAS Nagar, Mohali, Punjab, in which Sanjeev Kumar Gaur and Gaurav Nanda were named and arrested. Gaurav Nanda and Sanjeev Kumar filed the petitions for quashing the F.I.R. which are pending adjudication. The police submit ted a report that the informant did not respond to the nootices. Hence, he was arrested and produced before the Court. Ga urav Nanda was known to the petitioner for about 8 years. He had told the informant that he deals in the business of sale and purchase of the property. He asked the informant to purchase a flat. The matter was also discussed wCith Rahul, who also was interested in purchasing the flat. The petitioner and other co-accused came to the police station and conspired with the Investigating Officer Baljeet Singh, to pressurize the informant to give money to the petitioner, which was taken from him. Infomant’s family members refused to pay the amount, on which the petitioner threatened them that he would implicate the informant in a false case. The family members of the informant agreed to hand over the amount. The petitioner also created pressure upon the informant to hand over the vehicle bearing registration no.HP07F-0808, parked at Kufri. The brother of the informant was forced to take the vehicle to Police Station Zirakpur. The petitioner and other co-accused prepared forged documents on non-judicial stamp papers and forced the informant to sign them at the Police Station. Cheques were also taken from the informant and his family members. The police registered the F.I.R. and conducted th e investigation. The police seized Thar vehicle, which waos released to the informant.

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