Himachal Pradesh High Court
Raj Kumar Gautam & Others vs State Of H.P. & Others on 13 March, 2018
Bench: Dharam Chand Chaudhary, Vivek Singh Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr.WP No. 13 of 2017.
Decided on: 13th March, 2018 .
Raj Kumar Gautam & Others ......Petitioners Versus State of H.P. & Others ....Respondents. Coram The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge. The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1No. For the Petitioners : Mr. Bimal Gupta, Senior Advocate with Mr. Vineet Vashisht, Advocate. For the Respondents :
r Mr. S.C. Sharma, & Mr. Narinder Guleria, Addl. A.Gs. with Mr. Kunal Thakur, Dy. A.G. for the respondents. SI Pradeep Kumar, SHO Police Station, BSL Colony, Sundernagar, District Mandi, H.P. along with record.
Dharam Chand Chaudhary, J. (oral).
On having heard this matter at length and examining the record of the case, we find the present a case where the Police of Police Station, BSL Colony Sundernagar, District Mandi, H.P., after conducting the investigation in the matter has filed the report before learned Sub Divisional Magistrate, 1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.
::: Downloaded on - 20/05/2018 21:12:21 :::HCHP 2Sundernagar, District Mandi, H.P., for further proceedings under Section 174 of the Code of Criminal Procedure. The proceedings before learned .
Magistrate are stated to be in progress.
2. The Sub Divisional Magistrate, Sundernagar, District Mandi, H.P., though has not been arrayed as party-respondent in this writ petition, however, on the oral request made by learned counsel representing the petitioners; we order to array the said Magistrate as party-respondent No.5. Necessary corrections be made in the cause title of the writ petition accordingly.
3. In view of the report filed by local police, the matter is still under consideration of newly added respondent, therefore, in our opinion the writ petition at this stage is premature. As a matter of fact, under Section 174, read with Sections 175 and 176 of the Code of Criminal Procedure, the Magistrate has vast powers to inquire into the matter including summoning any person, prima facie, found to be ::: Downloaded on - 20/05/2018 21:12:21 :::HCHP 3 involved in the commission of the offence. Therefore, the writ petition is disposed of with a direction to the Sub Divisional Magistrate, Sundernagar, the 5th .
respondent to proceed in the matter, in accordance with law expeditiously and to conclude the proceedings at the earliest preferably within three months from today. The petitioners, if so advised, may approach this Court again; if still feel aggrieved and dissatisfied by the ultimate outcome of the pending proceedings before the 5th respondent. Pending application(s), if any, shall also stand disposed of.
An authenticated copy of this judgment be sent to Sub Divisional Magistrate, Sundernagar, for compliance.
(Dharam Chand Chaudhary)
Judge
(Vivek Singh Thakur)
March 13, 2018 (ps) Judge.
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