Ashish Dilip Dev vs Union Of India And Others
2021 Latest Caselaw 109 HP

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CWP No.5913 of 2020

Date of decision : 4th January, 2021

Ashish Dilip Dev ... Petitioner Versus Union of India and others ...Respondents Coram:

The Hon'ble Mr. Justice L. Narayana Swamy, Chief Justice. The Hon'ble Mr. Justice Anoop Chitkara, Judge. Whether approved for reporting?1

For the Petitioner

: Ms. Radhika Gautam, Advocate.

For the Respondents : Mr. Rajesh Kumar Sharma, Assistant Solicitor General of India, for Respondent No.1/ Union of India.

Mr. Naresh K. Gupta, Advocate, for Respondent No.2/ M.C. Shimla.

Mr. Ashok Sharma, Advocate General with

Ms. Ritta Goswami and Mr. Adarsh K. Sharma, Additional Advocate Generals, for the State.

Mr. Vijay Kumar Arora and Mr. Navlesh Verma, Advocates, for Respondent No.9.

PROCEEDINGS CONVENED THROUGH VIDEO CONFERENCE

Anoop Chitkara, Judge(oral) Having aggrieved by the disruption of Internet and Phone

connectivity with the jammers installed by the 7th respondent,

Whether reporters of Local Papers may be allowed to see the judgment?

...2...

petitioner has come up before this Court, seeking issuance of

appropriate writ for removal of such jammers.

.

2. Mr. Rajesh Kumar Sharma, learned Assistant Solicitor

General of India, submits that the concerned person of the Central

Government has already forwarded a complaint to the Director

General of Police, Himachal Pradesh for registration of the FIR

because the offence discloses a cognizable offence.

3.

has to be registered.

r to Given the settled preposition of law that once allegations

in a complaint disclose commission of a cognizable offence, then FIR

This proposition of law is re-iterated by the

Hon'ble Supreme Court of India in Lalita Kumari vs. Government of

UP and Other, 2014 (2) SCC 1. If the allegations in the complaint

disclose commission of cognizable offence, then it has to lead to the

registration of the FIR, and as a natural corollary, one of the stages of

investigation would be seizure of jammers, if any. Thus, as on date,

nothing survives in this petition and it is closed with liberty reserved.

Pending application(s), if any, are also closed.

(L. Narayana Swamy) Chief Justice

(Anoop Chitkara), Judge January 4, 2021 (KS)