Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 29115 (HP)

GURPREET SINGH AND ORS v. STATE OF HP AND ORS

CRMMO/1339/2024 · 2025-01-07

Bipin Chander Negi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

12025:HHC:1431 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr. MMO No.1339 of 2024 Date of Decision : 07.01.2025 Gurpreet Singh & ors. …… Petitioners Versus State of Himachal Pradesh and ors. ……Respondents Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 No For the petitioners : Ms. Shailja Kumari, Advocate. For the respondents : Mr. Diwakar Dev Sharma, Additional Advocate General, for respondent No.1/State. Mr. Munish Kumar, Advocate, for respondent No.2- complainant. HC Hemant Kumar No.77, P.S Kasauli, District Solan. Bipin Chander Negi, Judge (oral) FIR in the case at hand was registered under Sections 191(2), 190, 115(2) and 299 of the Bharatiya Nyaya Sanhita (BNS), 2023. 2. On instructions, learned Additional Advocate General submits that during investigation, Sections 191(2), 190 and 299 of the BNS stand dropped. Status report on behalf of respondent No.1-State stands filed. The same is taken on record and the aforesaid fact is also reflected in the status 1 Whether reporters of Local Papers may be allowed to see the judgment? 22025:HHC:1431 ) report. Copy, whereof, has been supplied to learned counsel appearing for the petitioners. 3. In view thereof, the only offence, in the case at hand is 115(2), of the BNS Act. The same is compoundable under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Since there exists a provision in the BNSS 2023 (Section 359) for compounding of the offence, Section 115(2) BNSS 2023, in the case at hand, therefore, there arises no occasion to invoke the inherent power of this Court, in terms of Section 359 of BNSS, therefore, the present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, is disposed of as being not maintainable. 4. The petition stands disposed of in the above terms, so also the pending application(s), if any. (Bipin Chander Negi) January 07, 2025(mamta) Judge