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Shimla, Oct 31,
The Himachal Pradesh High Court on Thursday directed the District Judges of Shimla and Dharamshala to forward copies of the Special Investigation Team (SIT) reports filed in two related FIRs—lodged by IPS officer Sanjay Kundu and lawyer Nishant Sharma—to the High Court before the next date of hearing.
The directive came during the hearing of Court on its own motion vs State of Himachal Pradesh & others, following the Supreme Court’s September 16 order in Sanjay Kundu vs Registrar General, High Court of Himachal Pradesh & others.
The apex court had earlier directed that while the two SIT reports may remain before the jurisdictional Magistrate Courts, both reports should now be placed before the Himachal Pradesh High Court, leaving it to the Chief Justice’s discretion to proceed further “in accordance with law.” The Supreme Court had also asked the High Court to examine the addition of Sections 384 to 387 of the IPC (relating to extortion) in FIR No. 55 of 2023.
During the proceedings, the High Court was informed that cancellation reports have already been filed in both FIRs—FIR No. 55 of 2023 registered by Nishant Sharma at McLeodganj Police Station, Dharamshala, and FIR No. 98 of 2023 lodged by Sanjay Kundu at Police Station East, Shimla. These reports are presently pending before the Chief Judicial Magistrate, Kangra at Dharamshala, and the Additional Chief Judicial Magistrate, Shimla, respectively.
Directing both District Judges to send copies of these reports, Chief Justice G.S. Sandhawalia and Justice Jiya Lal Bhardwaj listed the matter for further hearing on December 15, 2025.
Also read: https://himachalscape.com/sc-steps-aside-in-kundu-case-puts-ball-in-lower-courts-court/
The bench also recorded submissions from petitioner Nishant Sharma, appearing in person, that he had not received a copy of an impleadment application (Cr.MP No. 2104 of 2025). The counsel representing the applicant assured the court that a copy would be supplied during the day.
The High Court is now expected to examine the SIT findings and decide whether to permit the jurisdictional magistrates to proceed further or to retain the matter under its direct scrutiny, in line with the Supreme Court’s directive.
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