Extracted from the PDF above. The PDF is authoritative.
1 ( 2025:HHC:2985 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MMO No.38 of 2025 Date of Decision : 10.01.2025 Abhishek Shandilya …… Petitioner Versus
State of Himachal Pradesh and another
……Respondents
Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1
For the petitioner : Ms. Anjali Soni Verma, Advocate. For the Respondents : Mr. Manish Thakur, Deputy Advocate General, for the State. Bipin Chander Negi, Judge
(oral)
The present petition has been preferred against the impugned order dated 20.09.2022, passed by learned Judicial Magistrate First Class, Dalhousie, District Chamba, Himachal Pradesh, in Cr.MA No.03 of 2022, titled Abhishek Sandilya vs. Vishwajeet Singh, whereby, an application filed under Section 156(3) of the Code of Criminal Procedure, seeking direction to the Station House Officer (SHO), Police Station, Dalhousie to investigate and register a FIR 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:2985 ) against the accused under Sections 323, 325, 341, 500, 506-II of the Indian Penal Code, has been dismissed. 2. The trial Court had rejected the aforesaid application on the ground that the petitioner, in the case at hand, had not exhausted the remedy available to him under Section 154(1) of the Code of Criminal Procedure, i.e., he had not approached the Office-In-Charge/SHO of the concerned Police Station, i.e., Police Station, Dalhousie. 3. Feeling aggrieved of the aforesaid order, a revision was preferred before the Sessions Judge, Chamba Division, Chamba. The same was dismissed vide impugned judgment dated 12.09.2024. 4. From perusal of the impugned judgment dated 12.09.2024, it is evident that the offences, in the case at hand, are not cognizable. Hence, the Police had prepared a Kalandra under Section 107/150 of the Code of Criminal Procedure, which is pending consideration before the Sub Divisional Magistrate, Dalhousie. Moreover, the complaint lodged by the petitioner had been forthwith recorded in the Police Post, Banikhet vide G.D. entry No.12. From G.D. entry No.15, recorded in Police Post, Banikhet, it is evident that no cognizable offence is made out against the present petitioner. 3 ( 2025:HHC:2985 )
5. Other than the aforesaid, in the report furnished by Head Constable Ashish Goswami, it has been mentioned that no cognizable offence has been made out. 6.
From the aforesaid, it is evident that both the Courts have duly applied their mind with respect to the nature of allegation made in the complaint by the present petitioner and have duly verified the truth and the veracity of the allegations made in the complaint so lodged by the petitioner. 7. In view thereof, I find no merit in the present petition and the same is dismissed, so also, the pending miscellaneous application(s), if any. ( Bipin Chander Negi) January 10, 2025 (KS) Judge