SATPAL RAIZADA Vs. STATE OF H.P.

JUDGEMENT

(1.) The petitioners have filed the present petition for quashing of FIR No. 489 of 2018, dtd. 13/10/2018, registered at Police Station Una Sadar, District Una, H.P., for the commission of offences punishable under Ss. 341 and 143 of the Indian Penal Code (IPC).

(2.) Briefly stated, the facts giving rise to the present petition are that the police received information on 12/10/2018 that one person had committed suicide. The police reached the spot and found that one person had hanged himself at a distance of 100 meters from the road. He was identified as Naresh Kumar @ Sumit. The dead body was being taken to Regional Hospital, Una when Nikhil, his brother-in-law and other villagers started shouting slogans against the police. They kept the dead body in the middle of the red light chowk. The petitioner Satpal Raizada, Sharma property dealer, Navdeep Kashyap and other persons started shouting slogans against he police. The vehicle bearing registration No. HP-72-2787, PB11CP-4384 and CH03W-0343 were parked in the middle of the road, and the traffic was stalled till 1:00 PM. The p lice registered the FIR and investigated the matter.

(3.) Being aggrieved by the registration of the FIR, the pet tioners have filed the present petition, asserting that the people of the area gathered to pressurise the police and peacefully portray their distress. The discontent from the public was demonstrated peacefully, and there was no violation or damage to the public or personal property. The traffic police had also lodged FIR No. 489 of 2018 dtd. 13/10/2018 for the commission of offences punishable under Ss. 341 and 143 of the IPC. The petitioners were not part of the agitation, and no evidence was brought against them. The petitioners have not committed any offence, and they are being harassed unnecessarily. FIR No 493 of 2018 dtd. 15/10/2018 was quashed by the Court in Cr.M (M) 320/2021 qua the petitioners. Other FIRs of identical allegations were quashed against Dheeraj Sharma and Tej Pal in Cr.MMO No. 970 of 2022, and Cr.MMO No.656 of 2022, respectively. The case set up against the petitioners is wh lly unf unded, misconceived and bereft of any substance. Therefore, it was prayed that the present petition be allowed and FIR No. 489 of 2018 and consequential proceedings arising out of it be quashed.