NARESH CHAUHAN Vs. STATE OF H.P.

JUDGEMENT

(1.) Petitioners have approached this Court for quashing of FIR No. 4 of 2019, dtd. 4/1/2019, registered in Police Station, Dhalli, District Shimla, H.P. under Ss. 341 and 143 of the Indian Penal Code (for short "IPC").

(2.) Response/status report stands filed. Record was also made available by respondent-State.

(3.) As per status report, FIR has been registered on 4/1/2019 on the basis of rukka sent by H.C. Lalit Kumar Incharge Police Chowki, Sanjauli, through Honorary Lady Head Constable Lata, to SHO, Police Station, Dhalli for registration of FIR, stating therein that on that day, since 4:00 A.M. due to leakage/overflow of water from Municipal Corporation water tank located in front of shop of Hateshwari Jewellers, water and mud had clogged in the shop of Hateshwari Jewellers, adjacent shops and in the rooms of tenants located on lower side, and in this regard affected house and shop owners were informing concerned officers of Municipal Corporation repeatedly, but no preventive or remedial measures were taken by concerned Officers, whereupon petitioners alongwith others took out benches from shops and put them on the middle of road in front of Hatehwari Jewellers and stopped movement of pedestrians a well as vehicles, and petitioners were leading the crowd gathered on the spot and were provoking them to restrain the public path/road. They have not sought any permission for expressing their resentment either from local administration nor have they informed regarding this. Expressing opinion that act of petitioners was attracting commission of offence under Ss. 341 and 143 of IPC, request was made in Rukka to register FIR against petitioners.