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2026 Supreme(Online)(HP) 1831

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rakesh Kainthla, J
Abhishek Kumar – Appellant
Versus
State of H.P. – Respondent
Cr. MMO No. 774 of 2025



Advocates:
For the Appellants/Petitioners: Ram Lal Thakur
For the Respondents: Ajit Sharma

An FIR can be quashed under the court's inherent powers if the allegations, even when accepted as true at face value, fail to disclose the essential ingredients of the cognizable offences charged, thereby preventing the abuse of the legal process.

Headnote:(A) Bharatiya Nyaya Sanhita, 2023 - Sections 121(1), 132, 190, 191(2), 324(4), and 333 - Prevention of Damage to Public Property Act, 1984 - Section 3 - Quashing of FIR - Petitioner present at scene of incident recording video - No evidence of active participation in obstruction, assault, or causing hurt to public servants - Ingredients of alleged offences under BNS not satisfied by contents of FIR or status report - Continuation of proceedings against petitioner constitutes abuse of process.

Facts of the case:
The petitioner, describing himself as a journalist, was present at a police post while recording a video of an altercation between two parties. The police registered an FIR alleging assault, obstruction of public servants, rioting, and damaging public property. The petitioner moved to quash the FIR, asserting he was merely recording the event and had committed no offence.

Findings of Court:
The court found that the materials on record, including the status report, did not disclose any prima facie evidence that the petitioner had engaged in criminal force, assault, or obstruction, or that he had caused any damage to property or hurt. Consequently, the allegations did not constitute the offences charged.

Issues: Whether the FIR and subsequent proceedings against the petitioner could be sustained when the allegations, even if accepted at face value, failed to disclose the ingredients of the offences charged.

Ratio Decidendi: An FIR can be quashed when the allegations, taken at their face value, do not prima facie constitute an offence. As the petitioner's presence was limited to video recording and there was no evidence of his involvement in the criminal acts alleged, the prosecution against him was unsustainable.

Result: Petition allowed; FIR and proceedings against the petitioner quashed.

Table of Content
1. overview of fir allegations and the petitioner's defense regarding presence at the scene. (Para 1 , 2 , 3 , 4)
2. legal parameters for the quashing of criminal proceedings under section 482 of the code. (Para 9 , 10 , 11)
3. application of legal principles to the case, finding absence of ingredients for the charged offences. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20)
4. formal order allowing the petition and quashing the criminal proceedings. (Para 22 , 23)

Rakesh Kainthla, Judge:

The petitioner has filed the present petition for quashing of FIR No. 0056 of 2025, dated 10.04.2025, registered for the commission of offences punishable under Sections 121(1), 132, 190, 191(2), 324(4), and 333 of Bharatiya Nyaya Sanhita (BNS), 2023 and Section 3 of Prevention of Damage to Public Property (PDP) Act, 1984 at Police Station Dehra, District Kangra, H.P. and also consequential proceedings arising out of the FIR.

2. It has been asserted that, as per the prosecution, the informant, Head Constable Surender Singh, was posted as Investigating Officer in Police Post Dadasiba. He was present in the Police Post on 09.04.2025 along with his staff. Constable Yusuf Deen was sitting outside the Police Post. The petitioner Abhishek Kumar, his brother, Parikshit, Om Dutt, Lucky, Kalu and two other people came to the Police Station and told Constable Yusuf Deen that they had to make a complaint about a threat extended to Lucky by liquor contractors from Punjab. Ankush alias Hondo, Aashu and Anku also reached the spot, in two different vehicles with 10-12 people. Ankush alias Hondo enquired as to who was saying that he would sell illicit liquor. Petitioner Abhisek Kumar started video recording the incident. Ankush and other people asked the petitioner why he was video recording the incident. The petitioner replied that he was a journalist and was preparing a video of the incident. Both parties started quarrelling with each other outside the Police Post. The informant was carrying out the investigation, and he was obstructed in the discharge of his duties. He came out of the Police Post and requested the people not to quarrel with each other. However, both parties continued to abuse each other. Ashu and Kalu caught each other by the throat and started beating each other. The informant and other police officials tried to rescue Ashu, Kalu and other persons. The petitioner entered the police Post while video recording the incident. Ashu, Kalu and other people also tried to enter the Police Post. Constable Yusuf Deen tried to prevent them from entering the Police Post. However, he was pushed, and the door of the Police Post was damaged. The articles lying inside the Police Post were picked up by the persons and thrown at each other. The laptop, keyboard and mouse were damaged in the incident. The informant asked the people to go outside the Police Post, but they refused. They pushed the informant, and he sustained injuries. All the persons except the petitioner left the Police Post, and the petitioner continued to video record the incident. The people who had gone outside the Police Post tried to re-enter the post. The matter was reported to the police, and the police investigated the FIR.

3. Being aggrieved by the registration of the FIR, the petitioner has filed the present petition asserting that he has been a journalist since 2022. He was present at Dadasiba to cover news events. He went to the Police Post after hearing the noise and started covering the incident happening outside the Police Post Dadasiba. The petitioner had not caused any interruption to the police in the discharge of their official duties. He had also not caused any damage to the public property. The petitioner was prevented from video recording the incident, and he had made a complaint to the Superintendent of Police, Dehra, District Kangra, H.P., regarding the incident. The allegations of the FIR, even if accepted to be correct, do not constitute the commissio

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