RAJIV JIWAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The Petitioner, who was President of High Court of Himachal Pradesh Bar Association, at the time of lodging of FIR, has come up before this Court seeking quashing of FIR, registered against him for wrongful restraint, forming unlawful assembly, rioting, indulging in criminal force to deter public servants from discharging their duties, intentional insult with intention to breach the peace, and criminal intimidation. It has been averred that the lawyers were protesting peacefully against restricting the entries to the District Court complex Shimla from a shorter route, forcing them to take a longer way, which had traffic jams, resulting in delay in attending to the Courts, because the Police had registered it due to wreaking vengeance with malicious intentions to scuttle the agitation, and the Police arraigned him as the principal accused because he was supporting their cause, although he was not even present at the spot.

(2.) The petitioner is seeking quashing of FIR no. 164, dated 22.07.2019, registered in Police Station (West), Shimla, under sections 341, 143, 147, 149, 353, 504, and 506 IPC, in which the Police has arraigned him as an accused, apart from a large number of Advocates.

(3.) The gist of the facts apposite to decide the present petition is as follows: