High CourtsDivision Bench(2021) 01 SHI CK 0097

Ashish Dilip Dev vs Union Of India And Others

High Court Of Himachal Pradesh · Decided on 4 January 2021

HON’BLE JUDGES
L. Narayana Swamy, CJ · Anoop Chitkara, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 5913 Of 2020

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Judgment

12 paragraphs · 198 words

Anoop Chitkara, J

1.

Having aggrieved by the disruption of Internet and Phone connectivity with the jammers installed by the 7th respondent, petitioner has come up

before this Court, seeking issuance of appropriate writ for removal of such jammers.

2.

Mr. Rajesh Kumar Sharma, learned Assistant Solicitor General of India, submits that the concerned person of the Central Government has already

forwarded a complaint to the Director General of Police, Himachal Pradesh for registration of the FIR because the offence discloses a cognizable

offence.

3.

Given the settled preposition of law that once allegations in a complaint disclose commission of a cognizable offence, then FIR has to be registered.

This proposition of law is re-iterated by the Hon’ble Supreme Court of India inL alita Kumari vs. Government of UP and Other, 2014 (2) SCC 1.

If the allegations in the complaint disclose commission of cognizable offence, then it has to lead to the registration of the FIR, and as a natural

corollary, one of the stages of investigation would be seizure of jammers, if any. Thus, as on date, nothing survives in this petition and it is closed with

liberty reserved.

Pending application(s), if any, are also closed.