Himachal Pradesh High Court
O.P. Chauhan vs State Of Himachal Pradesh on 7 January, 2021
Bench: Ajay Mohan Goel
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
Cr. MMO No.04 of 2021
Decided on: 07.01.2021
O.P. Chauhan ....Petitioner.
Versus
State of Himachal Pradesh ...Respondent.
Coram
Hon'ble Mr. Justice Ajay Mohan Goel, Judge.
Whether approved for reporting?1 No
For the petitioner : Ms. Shikha Chauhan, Advocate.
For the respondent: Mr. Sumesh Raj, Mr. Dinesh Thakur
and Mr. Sanjeev Sood, Additional
Advocates General, with Ms. Divya
Sood, Deputy Advocate General.
(Through Video Conferencing)
Ajay Mohan Goel, Judge (Oral)
By way of this petition, the petitioner has prayed
for the following relief:-
"It is, therefore, most respectfully prayed that the
present petition may kindly be allowed and
Annexure P-1, FIR No.0164 of 2019, dated
22.7.2019, registered U/S 341, 143, 147, 149,
353, 504, 506 of IPC, in Police Station West
Shimla, at Boileauganj, Shimla, H.P. and all
Whether reporters of the local papers may be allowed to see the judgment?
subsequent proceedings arising out of this FIR,
may kindly be quashed and set aside."
.
2. Brief facts necessary for the adjudication of the
present petition are as under:-
The case of the petitioner is that in the First
Information Report (FIR), bearing No.0164 of 2019, dated
22.07.2019, registered under Sections 341, 143, 147, 149, 353,
504, 506 of the Indian Penal Code, at Police Station West
Shimla, at Boileauganj, Shimla, H.P., copy of which stands
appended with the petition, the petitioner purportedly has
been falsely implicated.
3. According to the petitioner, the FIR is manipulated
by the police. Petitioner neither happened to be the
representative of the Lawyers of Shimla Bar Association nor
he lead any protest on the date mentioned in the FIR, nor he
was involved in the allegations which stand mentioned
therein. Accordingly, a prayer has been made for quashing of
the FIR, inter alia, on the ground that similar FIRs, which
were registered against the persons similarly situated as the
petitioner, have been quashed by the Court in exercise of
powers vested under Section 482 of the Criminal Procedure
.
Code.
4. I have heard learned counsel for the parties and
have gone through the averments made in the petition.
5. It is not in dispute that this Court in Cr.MMO
No.306 of 2020, titled as Ms. Anu Tuli Azta Versus State of
Himachal Pradesh & another, decided on 05.11.2020, while
dealing with prayer similar to that made by the petitioner in
this case, has allowed the same by quashing the FIR so
registered.
6. During the course of arguments, the factum of
similar petitions filed by other Lawyers having been allowed
by this Court could not be disputed by learned Additional
Advocate General.
7. In this view of the matter, this petition is allowed
and is disposed of by quashing F.I.R. No. No.0164 of 2019,
dated 22.07.2019, registered under Sections 341, 143, 147,
149, 353, 504, 506 of the Indian Penal Code, at Police Station
West Shimla, at Boileauganj, Shimla, H.P., in view of the
reasoning, which stands returned by this Court in Cr.MMO
No.306 of 2020 (supra), relevant portion of which is quoted
.
hereinbelow:-
"According to the petitioner, the protest was a
collective one and a peaceful one wherein there
was no use of any violation or force. Yet, the
respondents have lodged the F.I.R. against the
petitioner though the petitioner is not guilty of
committing any offence mentioned in the F.I.R.
As per the petitioner, the F.I.R. is false,
fabricated and is concocted, just to scuttle the
agitation which stood undertaken by the
Lawyers for a common cause and accordingly, a
prayer has been made for quashing of the same
by invoking the inherent jurisdiction of this
Court under Section 482 of the Criminal
Procedure Code.
4. Learned counsel for the petitioner has drawn
the attention of this Court to the judgment
passed by a Coordinate Bench of this Court in
Cr.MMO No.51 of 2020, titled as Rajiv Jiwan
Versus State of Himachal Pradesh., decided on
24.01.2020 and on the strength of the same, she
has argued that as the F.I.R. which was the
subject matter of the above mentioned Cr.MMO
(Cr.MMO No.51 of 2020), was also registered
against the petitioner therein during the same
agitation, therefore, this petition be allowed on
the same principles as were adopted by the
.
Coordinate Bench, while allowing the Cr.MMO
No.51 of 2020 (supra) and quashing the F.I.R.
subject matter on the said petition.
5. Learned Additional Advocate General could
not dispute that the F.I.R. subject matter of
Cr.MMO No.51 of 2020 stood quashed by this
Court and that the same was also registered
against the petitioner herein during the course of
the same agitation and that the judgment passed
by the Coordinate Bench has attained finality.
6. In this view of the matter, without going into
any further narration of facts or controversy
involved in this petition, as it is not in dispute
that similar F.I.R. lodged against other members
of the Bar stands quashed by this Court,
accordingly, this petition is allowed and F.I.R.
No.155 of 2019, dated 24.07.2019, registered
under Sections 143, 188 of the Indian Penal
Code, at Police Station Sadar, District Shimla,
H.P., stands quashed in view of the judgment of
the Coordinate Bench in Cr.MMO No.51 of 2020,
as well as the reasonings assigned therein. The
petition stands disposed of. Pending
miscellaneous applications, if any, also stand
disposed of."
.
Pending miscellaneous applications, if any, stand disposed of.
(Ajay Mohan Goel)
Judge
January 07, 2021
(Rishi) r
