IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No.345 of 2020 Reserved on: 20.04.2026 Date of Decision: 27.04.2026 _______________________________________________________

Sh. Nitesh Gupta …….Petitioner Versus State of Himachal Pradesh & Anr.

o … Respondents _______________________________________________________

Coram:

Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting? ¹ Yes.

For the Petitioner: Ms. Shikha Chauhan, Advocate.

For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for respondent No.1-

State.

Mr. Anand Sharma, Senior Advocate with Mr.

g Karan Sharma, Advocate, for respondent No.2.

i_______________________________________________________

Sandeep Sharma, Judge Instant petition filed under Section 482 of Cr.P.C lays challenge to judgment dated 15.09.2020 passed by learned Additional Sessions Judge-I, Shimla, Himachal Pradesh, in Criminal Revision No.13-S/10 of 2018, affirming the order dated 31.08.2018 passed by learned Chief Judicial Magistrate, Shimla, Himachal Pradesh, thereby discharging respondent No.2, Viri Singh (in short “accused”) for his

1Whether the reporters of the local papers may be allowed to see the judgment?

having allegedly committed offences punishable under Sections 323, 341, 342, 119, 167, 201, 217, 218, 220 and 506 of Indian PePnal Code for want of prosecution sanction under Section 197 Cr.P.C.

2. Precisely, the facts, relevant for adjudication of the case at hand, are that on 17-3-2016, petitioner-c omplainant (in short “complainant”) gave an information to traffic police personnel at Totu Chowk, Shimla, with regard to the i ncident of beatings given to one person by some 3-4 persons at Dhanda, near Totu, Shimla, which he witnessed, while on his way to Totu from Hiranagar. On the askance of traffic police poersonnel, complainant also reported the afore incident on pChone number 100 to the police control room, from where he was advised to report the matter to Police Station Boileauganj. The complainant telephonically informed aforesaid incident to Police Station Boileauganj, whereafter accused, who at relevant time was iStation House Officer, Police Station Boileauganj called him in the Police Station for further inquiry. The complainant was allegedly detained at police station upto late night hours i.e. 11:40 p.m. Next day i.e. on 18.3.2016 at about 8.30 a.m., the complainant was stopped by the traffic police officer at Totu Chowk, who subsequently took him to Police Station Boileauganj. Allegedly the complainant was taken to a room and was given severe beatings by the accused. Besides above, accused also used filthy and un-parliamentary language and also snatched the mobile phone of the complainant, as result thereof, complainant was not allowed to contact his frPiends and family members. On account of severe beatings given by the accused, the complainant sustained injuries on his body. Though on the request of the complainant, he was sent for medical examination, but the report was given as 'perfectly ofine'. At about 11.00 a.m., the uncle of the complainant tried to con tact the complainant and he was informed that complainant is in the police lock-up, whereafter the wife of the complainant reached the Police Station Boileauganj, where she was also ill-treatedo by the accused. Accused told the complainant that the informatCion given by him qua the alleged incident was false and there was no such incident as informed by him with regard to beatings given to a person by four persons at Dhanda. Accused prepared a kalandra against the complainant stating that the he gave false istatement to the police and lodged false complaint against him regarding the incident.

3. In afore background, complainant made a detailed representation to Director General of Police, who directed DIG (CID) to conduct inquiry within one week. DIG (CID), Mr. Daljeet Kumar Thakur, after having conducted inqui