LAWS(HPH)-2018-8-131

MUKESH SHARMA Vs. STATE OF H P

Decided On August 07, 2018
MUKESH SHARMA Appellant
V/S
STATE OF H P Respondents

JUDGEMENT

(1.) Heard.

(2.) Learned Additional Advocate General has placed on record the status report and the I.O. ASI Gurdev Singh, Police Station Dehra has produced the record.

(3.) Petitioner is an accused in FIR No.115/18, registered against him under Sections 451, 353, 186, 189, 506 of Indian Penal Code and Sec. 3 of the Prevention of Damage to Public Property Act, 1984, in Police Station, Dehra, District Kangra with the allegations that on 11.7.2018, around 9.55 a.m., complainant HHC Satnam Singh No.833 was on duty outside the chambers of learned Additional Chief Judicial Magistrate, Dehra, District Kangra. The accused-petitioner came there and when tried to enter inside the chambers, the complainant asked the reason therefor and also prevented him from doing so, but of no avail as the accused-petitioner pushed aside the complainant and forcibly entered inside the chambers of learned Magistrate. Inside the chambers, the accused-petitioner allegedly made the utterances that her (Magistrate's) predecessor has roughly dealt with him and that in case she also did something wrong with him in the case under Sec. 498-A Penal Code pending against him, he will drag her to the High Court and thereby he allegedly criminally intimidated the Additional Chief Judicial Magistrate, Dehra. The complainant overpowered the accused-petitioner with the assistance of others and he was brought outside the chambers. When taken to Police Station, he intimidated the police officials on duty there and even damaged a computer display, chair, table and case property of another case i.e. two bottles of country liquor. On the statement made under Sec. 154 Crimial P.C. by HHC Satnam Singh aforesaid, a duty constable, FIR came to be registered against the accused-petitioner.