IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CrMMO No. 742 of 2024 Reserved on: 20.4.2026 Date of decision: 27.4.2026 _____________________________________________________________________

Subhash Chand Dhiman ……...Petitioner Versus State of Himachal Pradesh and Anr.

…....Respondents Coram Hon’ble Mr. Justice Sandeep Sharma, Judge.

Whether approved for reporting?

For the Petitioner: Mr. Rajiv Sirkeck, Advocate.

For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional oAdvocates General and Mr. Ravi Chauhan & Mr.

Anish Banshtu, Deputy Advocates General, for respondent No.1.

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Sandeep Sharma, J.

h Through instant petition filed under Section 528 of Bharatiya gNagarik Suraksha Sanhita, 2023 (in short “BNSS”), prayer has been made by the petitioner for quashing of FIR No.2 of 2017, dated 20.06.2017, under Sections 420 and 120-B of IPC and Section 13(1)(d)(II), 3(2) of the Prevention of Corruption Act, registered at police Station SV & ACB Shimla, District Shimla, Himachal Pradesh, as well as consequent proceedings pending adjudication in the competent Court of law.

2. Quintessential facts, relevant for adjudication of the case at hand, as emerge from the pleadings adduced on record by the respective parties are that in the year 2007, Department of Horticulture (Government of Himachal Pradesh), decided to purchase Anti Hail Gun System in District Shimla, Himachal Pradesh. Though Anti Hail Gun System was purchased from one US based Company for sum of Rs. 2.35 Crore, but afore Company further entered into an agreement w ith M/s Siri Global Aviation Consultant for installation of Anti Hail Grun System at the identified places in District Shimla, Himachal Pradesh. Pursuant to afore purchase, an agreement was signed on 03.04.2o010 between petitioner herein and respondent No.2 (Sh. T. Nishant CReddy, CEO of M/s Siri Global Aviation Consultants). As per condition No.12 of afore agreement, 80% of the payment was to be released aftehr supply, installation and successful commissioning of the system and satisfactory training to the staff and remaining 20% was to be released after the satisfactory acceptance. 80% payment was released in favour of the Company as per agreed terms and thereafter, Committee comprising of petitioner, Sh. Man Mohan Singh (Director, Meteorological Department Government of India), Dr. I.P. Sharma of UHF, Nauni and Dr. I.D. Gupta (Dy. Director Horticulture), inspected the spot on 13/14.8.2010 in the presence of respondent No.2 and observed that height of the tower on which the Radar was fixed was required to be increased. to 60 ft. Committee also pointed out that fencing work was required to be completed around the ground area of the Cannons and Radar and operational training of this system was to be imparted to the Departmental Officers and earthing of the system was also required to be completed. Though Committee after having visited the site opined that payment of the remaining work may not be disburs ed till completion of the work as per the agreement, but allegedly rerspondent No.2 vide letter dated 18.04.2011 requested the Project Director (HTM) i.e. petitioner herein, to release the remaining 20% aomount claiming that height of the tower, on which the radar was Cfixed, had been increased to 100 ft., the fencing work has been completed around and ground area of the Cannons and Radar, earthing of theh radar system had been completed. Upon afore request of respondent No.2, petitioner released the balance payment of 20% on 20.04.2011. After commissioning of Anti Hail Gun System and release of payment, a complaint came to be received by the Vigilance Department that Anti Hail Gun System was purchased in violation of Government Procedure and Rules in the years 2007-2012, as a result thereof, huge loss has been caused to the public exchequer.

3. On the basis of aforesaid complaint, inquiry was constituted and Enquiry Officer i.e. Mr. Amar Singh