AVINASH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The Board examinations were scheduled to be held on 7/3/2020 at 8:45 a.m. The question papers and answer sheets were being distributed when petitioner Avinash Kumar entered the examination hall after switching on his mobile and started threatening the staff on duty. He also had a scuffle with the staff on duty. Some staff members sustained injuries. The petitioner was not assigned any duty during the examination and could not have entered the hall. The staff made a complaint to the principal, who filed a complaint before the SHO, Police Station Khundia, District Kangra, H.P. Entry No. 25, dtd. 7/3/2020, was recorded in the Police Station. An application was filed before the learned Judicial Magistrate, First Class, Dehra, to seek permission to conduct the investigation. Learned Judicial Magistrate Court First Class (Dehra), District Kangra, H.P. granted the permission vide order dtd. 18/3/2020. The police recorded the statement of witnesses and filed a complaint (Kalandra) against the petitioner before the Court for the commission of an offence punishable under Sec. 186 of the Indian Penal Code ( IPC).

(2.) Being aggrieved from filing of the complaint and the pendency of the proceedings, the petitioner has filed the present petition asserting that the learned Judicial Magistrate erred in entertaining the Kalandra, as it does not amount to complaint under Sec. 2(d) of Cr.P.C. The cognizance could not have been taken for the commission of an offence punishable under Sec. 186 of IPC without a complaint made by the person who was obstructed in discharge of public function as per Sec. 195 of the Code of Criminal Procedure. Hence, it was prayed that the present petition be allowed and the proceedings pending before the learned Judicial Magistrate First Class, Dehra, District Kangra, H.P. be quashed.

(3.) The State has filed a status report reproducing the contents of the complaint made to the police as well as steps taken by the police during the investigation after seeking permission from the Court.