Himachal High Court clears former DGP, Police Officers in SC/ST Act case

Shimla, Jan 12,

Himachal Pradesh High Court has quashed an FIR filed under the SC/ST (Prevention of Atrocities) Act against former DGP Sanjay Kundu, IPS officer Anjum Ara, and eight other police officials. The court stated that the allegations did not constitute a criminal case under the Act and termed the continuation of the FIR as an abuse of legal process.

“Although, after investigating the matter, the police has decided to file the cancellation report, in this case, however, in the peculiar facts and circumstances of the present case, the petitioners cannot be left in the lurchto wait for the decision of the authorities on the cancellation report, ” noted the court. Adding in next para, “The petitioners are entitled to have a sigh of relief, as, even during the pendency of the cancellation report, indirectly, they have to suffer the stingof registration of the FIR against them. Considering all these facts, in the considered opinion of this Court, the petitioners are able to make outa case for quashing of the FIR in question, ” stated the court.

” Consequently, the petitions are allowed and the FIR in question, so also the resultant proceedings, if any,are quashed, ” ruled the court on a 21 page order.

Passing the a verdict on the matter single bench of Justice Virender stated that offended by a departmental inquiry into a suspended constable, Dharm Sukh Negi his wife, Meena Negi, had filed the FIR, alleging harassment and misuse of authority by senior officials that ultimately led to her husband’s dismissal.

The FIR, filed under Section 3(1)(p) of the SC/ST Act, named former DGP Sanjay Kundu, retired IPS officers Himanshu Mishra and Arvind Sharda, SP Shalini Agnihotri, officers Divakar Dutt Sharma, Anjum Ara Khan, Bhagat Singh Thakur, Pankaj Sharma, Meenakshi, and DSP Baldev Dutt.

The court observed that the departmental action against Dharm Sukh Negi was conducted as per established procedures, and no evidence supported claims of targeted harassment under the SC/ST Act.

Justice Singh emphasized that allowing the FIR to continue would be an unwarranted misuse of the judicial process.

In the matter the police department had presented a report seeking the quashing of the FIR, arguing that it stemmed from routine departmental proceedings rather than any criminal or caste-based discrimination.

In their petition, IPS officers Anjum Ara, Pankaj Sharma, and Baldev Dutt refuted the allegations, calling them baseless and motivated.

The court accepted their plea, concluding that the allegations lacked merit and did not fall under the ambit of the SC/ST Act.

The case traces back to Meena Negi’s complaint, accusing senior officials of deliberately misusing their power to remove her husband from his position.

However, the court highlighted that the departmental inquiry and resultant actions were procedural and unrelated to caste discrimination or atrocities.

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The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.

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Himachalscape bureau

The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.