IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA ON THE 2ndDAY OF DECEMBER, 2021 BEFORE HON’BLE MR. JUSTICE SANDEEP SHARMA CRIMINAL MISC.PETITION (MAIN) U/S 482 CRPC NO. 715 of

2019 Between:-

STATE OF HIMACHAL PRADESH THROUGH DISTRICT MAGISTRATE CHAMBA, DISTRICT CHAMBA, H.P.

…...PETITIONER (BY MR. SUDHIR BHATNAGAR AND MR. DESH RAJ THAKUR, ADDITIONAL ADVOCATE GENERALS WITH MR. NARINDER THAKUR AND GAURAV SHARMA, DEPUTY ADVOCATE GENERALS)

AND SH. AVINASH MAHAJAN, SON OF SH. MAHAL CHAND MAHAJAN, RESIDENT OF VPO SIHUNTA, TEHSIL SIHUNTA, DISTRCIT CHAMBA, H.P.

…...RESPONDENT (BY MR. SUMIT RAJ SHARMA, ADVOCATE)

Whether approved for reporting? Yes.

This petition coming on for orders this day, the Court passed the following:

ORDER

By way of present petition filed under Section 482 of the Code of Criminal Procedure, prayer has been made on behalf of the petitioner for quashing of judgment dated 11.03.2019, passed by learned Sessions Judge, Chamba, in Criminal Revis.ion No.3/2019, affirming the order dated 14.12.2018, passed by learned Judicial Magistrate 1^st Class, Dalhousie, District Chamba, H.P. in Criminal Misc. Application No.1252 of 2018, titled Avinash Mahajan vs. Sher Singh, whereby, learned trial court hfaving taken note of the complaint made by respondent under Section 156(3) Cr.P.C, directed SHO concerned to register FIR under the relevant provision of law and conduct irnvestigation as per law.

2. Precisely, the facts of the case, as emerge from the record are that respondent namely Avinash Mahajan made a complaint to SHO Dalhousie, alleging therein that on 15.08.2018 function of Independence Day celebration was held at Govt. Sr. Secondary School, Sihunta under the control and supervision of Incharge PP Sihunta, namely, Sher Singh. He further alleged that National Flag was hoisted by the Chief Guest, i.e. the Executing Magistrate, Sihunta and such function was attended by school staff, NCC cadets, students and other eminent personalities of Sihunta vicinity, but showing utter disregard to the National Flag, saffron of the National Flag was depicted downwards. Since, no action whatsoever, came to be ever taken on the complaint made by the respondent to the SHO concerned, he sent a written communication to S.P. Chamba, but he also failed to take any action and as such, respondent was compelled to file private complaint under Section

156(3) Cr.P.C in the Court of learned Judicial Magistrate 1^st Class, Dalhousie, District Chamba, who vide order dated 14.12.2018, af.ter having perused the entire record including photographs and videos, directed SHO, Dalhousie to lodge FIR against the erring official and conduct investigation thereafter. Being aggrieved and dissatisfied with the aforesaid direction issued by learfned JMIC, Dalhousie, District Chamba, petitioner-State preferred Cr. Revision Petition bearing No.3 of 2019 in the Court of learned Sessions Judge, Chamba, Division, Chamba, Hr.P., which came to be dismissed vide judgment dated 11.03.2019. In the aforesaid background, petitioner-State has approached this Court in the instant proceedings for quashing of judgment/order dated 11.03.2019, passed by learned Sessions Judge, Chamba, Division, Chamba as well as order dated 14.12.2018, passed by learned JMIC, Dalhousie, directing police authorities to lodge FIR.

3. Having heard learned counsel representing the parties, especially, learned Additional Advocate General vis-a-vis reasoning assigned by both the courts below while ordering registration of the case, this Court finds no merit in the present petition. Needless to say, State is always expected to impartial and under obligation to conduct impartial investigation, but in the instant case, material available on record compels this Court to draw a conclusion that police itself is shying away from registering the case for the reason that same shall be registered against their own official. Otherwise also, there appears to be no ground and justification to lay challenge to aforesaid judgment