RAJ KUMAR SINGLA Vs. STATE OF H.P.

JUDGEMENT

(1.) By way of instant petition, the petitioners have prayed for quashing of complaint No. 53/3 of 2019, titled as State of H.P. vs. Raj Kumar Singla and Ors. pending before the learned Additional Chief Judicial Magistrate, Kasauli, District Solan, H.P.

(2.) It is contended on behalf of the petitioners that from the bare reading of the complaint no offence is made out against the petitioners. They have been summoned for offences under Sec. 186 and 189 of the IPC, whereas none of the ingredients, even for prima facie establishment of such offences, are available on record. It is further submitted that the complaint is otherwise not maintainable for noncompliance of provisions of Sec. 195 of the Code of Criminal Procedure (for short 'the Code'). Another objection raised to the maintainability of complaint is noncompliance of provisions of Sec. 155 of the Code.

(3.) Respondent/State has opposed the prayer on the ground that the petitioners had obstructed H.C. Virender Kumar from discharging his official duties and he was also threatened of being injured by the petitioners. The filing of complaint against the petitioners is justified. On such grounds, the dismissal of the petition has been prayed.