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Judgment
Anoop Chitkara, J
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.
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.
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.
