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, FIR No
285/2021 dt 29.07.2021, U/S 341,143, 149 IPC Police station Una, District Una,
pending in the court of Ld. ACJM Una.
I have gone through the entire case file. Brief facts of the case are
that on dated 29.07.2021, around 18-20 persons were demonstrating at Malahat
Una and were agitating against the segregated garbage plant. The accused
persons restrained the MC Staff in agitation therefore FIR u/s 341,143,149 was
registered against the accused persons on dated 29.07.2021.
Being in-charge of this case I submit this case to higher authority and
have no objection in case Govt. gives any direction for withdrawal of this case.
However, the entire case file is being submitted before Ld. D.A please.
Date: 21.01.2023
Place: Una Asstt. Public Prosecutor,
Una Distt Una H.P
Opinion in Criminal case titled as state of H.P. v/s Jagat Ram & Ors. FIR No
206/2022 dt. 18.06.2022, U/S 341,143, IPC, Police station Una, District Una,
pending in the court of Ld. ACJM Una.
I have gone through the entire case file. Brief facts of the case are
that on 18.06.2022, National Youth Congress leaders Deepak lath, Shobhit
Sharma & Ors were agitating against the Agni Path Scheme and they
demonstrated at red light chowk Una. The accused persons restrained the traffic
on the red light chowk Una in agitation and therefore, FIR u/s 341,143 was
registered against the accused persons on dated 18.06.2022.
The facts and circumstances reveals that there was no damage to public
Property. Though section 143 of IPC is non compoundable, but in the interest of
public at large higher authority may withdraw the case.
Date: 20.01.2023
Place: Una Asstt. Public Prosecutor,
Una Distt Una H.P
Opinion in Criminal case titled as state of H.P. v/s Jagat Ram & Ors. FIR No
206/2022 dt. 18.06.2022, U/S 341,143, IPC, Police station Una, District Una,
pending in the court of Ld. ACJM Una.
I have gone through the entire case file. Brief facts of the case are
that on 18.06.2022, National Youth Congress leaders Deepak lath, Shobhit
Sharma & Ors were agitating against the Agni Path Scheme and they
demonstrated at red light chowk Una. The accused persons restrained the traffic
on the red light chowk Una in agitation and therefore, FIR u/s 341,143 was
registered against the accused persons on dated 18.06.2022.
The facts and circumstances reveals that there was no damage to public
Property. Though section 143 of IPC is non compoundable, but in the interest of
public at large higher authority may withdraw the case.
Date: 20.01.2023
Place: Una Asstt. Public Prosecutor,
Una Distt Una H.P
Opinion in Criminal case titled as state of H.P. vs Nikhil Kumar & Ors. , FIR No
489/2018 dt. 13.10.2018, U/S 341,143, IPC , Police station Una, District Una,
pending in the court of Ld. ACJM Una.
I have gone through the entire case file. Brief facts of the case are
that on 12.10.2018, approximate 14-16 persons were demonstrating against the
police authority and making slogan against the police authority after the dead
body of Naresh Kumar@Sumit was found hang in forest at Kotlakhurd. The
accused persons restrained the traffic on the red light chowk Una in agitation
and these persons were also joined by MLA Satpal Raizada and some of his
followers. FIR u/s 341,143 was registered against the accused persons on dated
13.10.2018.
Agreed as proposed
Sd/-
District Attorney
Una Distt Una H.P
20.01.2023
Ld. District Attorney
Opinion in Criminal case titled as state of H.P. vs NIshant Menon and ors. , FIR
No 493/2018 Dt. 15.10.2018, U/S 341,143, IPC , Police station Una, District Una,
pending in the court of Ld. CJM Una.
However the entire case file is being submitted before Ld. D.A. for his
kind perusal and value able final opinion and approval please.
Date: 19.01.2023
Place: Una Asstt. Public Prosecutor,
Una Distt Una H.P
Ld. District Attorney
Opinion in Criminal case titled as state of H.P. vs Raghav Thakur and ors. , FIR
No 170/2022 dated 25.05.2022, U/S 341,143, ,336 IPC , Police station Una,
District Una, pending in the court of Ld. CJM Una.
Brief facts of the case are that on 25.02.2022 When ASI Mahinder
Singh alongwith police officials ware on duty near M.C park Una for law and
order, then at about 11.30 Pm some youth Congress supporters were protesting
against the state Government for paper leak case in the PWD Circuit House. On
that day the Forest Minister of Himachal Pradesh Government was staying there
for some time , when the Forest Minister Rakesh Pathania moved from the PWD
rest house some of the youth supporter of Congress party sitting before the
vehicle of the forest Minister. The ASI Mohinder Singh alongwith police official
shunt out these congress supporter form the way of the forest minister and
release the way of the Forest Minister. Thereafter approximate 15-20 member
Congress youth supporter went to the Rottary chowk by making the slogan
against the Government when they were returning from the Rottary Chowk. One
Innova Car came in rash speed and stopped before the shop of Chamman lal.
There is one man sitting except the driver of the car in the middle. Who took out
the effigy and set it on fire. The police official have extinguish the fire by water
and took into possession the half burn effigy. Such type of act/omission will
cause apprehension of fire in the nearby surrounding area and caused great
damage. On the statement of the complainant HC Kamal Dev FIR u/s
341,143,336 IPC has been register against the Raghav Thakur and others. I have
gone through the entire case file. The statement of complainant HC Kamal Dev
along with other witnesses reveals similar facts and circumstances.
However the entire case file is being submitted before Ld. D.A. for his
kind perusal and value able final opinion and approval please.
Date: 19.01.2023
Place: Una Asstt. Public Prosecutor,
Una Distt Una H.P
Ld. District Attorney
When ASI Ashwani Kumar no. 24 alongwith police officials ware on duty near M.C park Una
for law and order, then at about 11.30 Pm some youth Congress supporters were protesting
against the state Government for paper leak case in the PWD Circuit House. On that day the
Forest Minister of Himachal Pradesh Government was staying there for some time , when the
Forest Minister Rakesh Pathania moved from the PWD rest house some of the youth supporter
of Congress party sitting before the vehicle of the forest Minister. The ASI Mohinder Singh
alongwith police official shunt out these congress supporter form the way of the forest
minister and release the way of the Forest Minister. Thereafter approximate 15-20 member
Congress youth supporter went to the Rottary chowk by making the slogan against the
Government when they were returning from the Rottary Chowk. One Innova Car came in rash
speed and stopped before the shop of Chamman lal. There is one man sitting except the
driver of the car in the middle. Who took out the effigy and set it on fire. The police official
have extinguish the fire by water and took into possession the half burn effigy. Such type of
act/omission will cause apprehension of fire in the nearby surrounding area and caused great
damage. On the statement of the complainant HC Kamal Dev FIR u/s 341,143,336 IPC has
been register against the Raghav Thakur and others. I have gone through the entire case file.
The statement of complainant HC Kamal Dev along with other witnesses reveals similar facts
and circumstances.
The facts and circumstances reveal that no public violence and damage of Public
Property/ premises involved in this case. No any serious allegation leveled by the witnesses or
accused person. Section 143 of IPC is non compoundable, but in the interest of public at large
higher authority may withdraw the case.
On these views this case is fit for withdrawal, if Govt. decides to withdraw the
case in large of public interest. In that event I being incharge of the case as A.P.P. submits no
objection if the case is withdrawn in the interest of public at large.
However the entire case file is being submitted before Ld. D.A. for his kind
perusal and value able final opinion and approval please.
Date: 19.01.2023
Place: Una Asstt. Public Prosecutor,
Una Distt Una H.P
Ld. District Attorney
Opinion in Criminal case titled as state of H.P. vs Raghav Thakur and ors. , FIR
No 170/2022 dated 25.05.2022, U/S 341,143, ,336 IPC , Police station Una,
District Una, pending in the court of Ld. CJM Una.
Brief facts of the case are that on 25.02.2022 When ASI Mahinder
Singh alongwith police officials ware on duty near M.C park Una for law and
order, then at about 11.30 Pm some youth Congress supporters were protesting
against the state Government for paper leak case in the PWD Circuit House. On
that day the Forest Minister of Himachal Pradesh Government was staying there
for some time , when the Forest Minister Rakesh Pathania moved from the PWD
rest house some of the youth supporter of Congress party sitting before the
vehicle of the forest Minister. The ASI Mohinder Singh alongwith police official
shunt out these congress supporter form the way of the forest minister and
release the way of the Forest Minister. Thereafter approximate 15-20 member
Congress youth supporter went to the Rottary chowk by making the slogan
against the Government when they were returning from the Rottary Chowk. One
Innova Car came in rash speed and stopped before the shop of Chamman lal.
There is one man sitting except the driver of the car in the middle. Who took out
the effigy and set it on fire. The police official have extinguish the fire by water
and took into possession the half burn effigy. Such type of act/omission will
cause apprehension of fire in the nearby surrounding area and caused great
damage. On the statement of the complainant HC Kamal Dev FIR u/s
341,143,336 IPC has been register against the Raghav Thakur and others. I have
gone through the entire case file. The statement of complainant HC Kamal Dev
along with other witnesses reveals similar facts and circumstances.
However the entire case file is being submitted before Ld. D.A. for his
kind perusal and value able final opinion and approval please.
Date: 19.01.2023
Place: Una Asstt. Public Prosecutor,
Una Distt Una H.P
Ld. District Attorney
Opinion in Criminal case titled as state of H.P. vs Pardeep Rattan and ors. , FIR
No 55/2022 dated 26.02.2022, U/S 143,147,336 IPC , Police station Una, District
Una, pending in the court of Ld. JMFC-II Una.
However the entire case file is being submitted before Ld. D.A. for his
kind perusal and value able final opinion and approval please.
Date: 19.01.2023
Place: Una Asstt. Public Prosecutor,
Una Distt Una H.P
Ld. District Attorney
No. DAU/Withdrawal/2018-
To
Worthy District Magistrate,
Una, District Una, H.P.
Sir,
Yours faithfully,
District Attorney,
Una, District Una, H.P.
No. DAU/Withdrawal/2018-
To
Worthy District Magistrate,
Una, District Una, H.P.
Sir,
Kindly refer to your office letter No. 02/Crl. cases/ Withdrawal/2018
dated 01.02.2018 on the subject cited as above.
I have examined the entire record as well as opinion of Ld. Assistant
Public Prosecutor in the following cases. In these cases Assistant Public Prosecutor in-charge
of case has opined that except one case other five cases are fit for withdrawal. I agree with the
opinion of Ld. APP. In my opinion except one case other five cases are fit for withdrawal. The
detail of cases is as under:-
Sr. No. Particulars of the case. Whether fit for
withdrawal or not.
1. Case FIR No. 145/14 dated 14.7.14 U/S 341/143 IPC, P.S. Fit for withdrawal
Haroli titled as State Vs. Jaswinder and others pending in
the court of JMIC-I and fixed for 12.2.18.
2. Case FIR No.217/12 dated 7.10.12 u/s 341,147,506,504,353 Fit for withdrawal
IPCP.S. Haroli titled as State Vs. Dilawar and others pending
in the court of Ld. JMIC-II Una and fixed for 25.5.18.
3. Case FIR No.174/12 dated 30.7.12 u/s 341,143,353 IPC P.S. Fit for withdrawal
Haroli titled as State Vs. Jaswinder and others pending in
the court of Ld. JMIC-IV Una and fixed for 09.04.18.
4. Case FIR No.101/15 dated 3.8.15 u/s 341,143,504 IPC P.S. Fit for withdrawal
Bangana titled as State Vs. Abhey Singh Rana and others
pending in the court of Ld. JMIC-IV Una and fixed for
07.03.18.
5. Case FIR No.106/14 dated 2.5.14 u/s 353,332,147,149, 323 Not fit for withdrawal
IPC P.S. Una titled as State Vs. Darshan Lal and others
pending in the court of Ld. JMIC-II Una and fixed for
20.03.18.
6. Case FIR No.05/14 dated 6.1.14 u/s 341,143 IPC P.S. Gagret fit for withdrawal
titled as State Vs. Balbir Singh and others pending in the
court of Ld. JMIC-IInd Class court No. III Amb and fixed for
10.04.18.
Therefore all case files and opinion is hereby sent to your good self for
further necessary action please.
Yours faithfully,
No. DAU/Withdrawal/2018-
From
District Attorney,
Una, District Una, H.P.
To
Worthy Director Prosecution,
Himachal Pradesh Shimla-9
Dated: the .
Yours faithfully,
District Attorney,
Una, District Una, H.P.
No. DAU/Withdrawal/2018-
From
District Attorney,
Una, District Una, H.P.
To
Worthy Director Prosecution,
Himachal Pradesh Shimla-9
Dated: the .
District Attorney,
Una, District Una, H.P.
Opinion in Criminal case No. 184-II-13/12 titled as state of H.P. vs Vikash Sharma and ors. ,
FIR No 32/12 dated 2.2.2012 , U/498-A/323/324/34 IPC , Police station Una, District Una, H.P
passed by Ld. C.J.M Una.
I have gone through the case file and order dated 1-1-2017 passed by Ld. CJM
Una. In the present case the complainant and the accused persons had compromised the
matter, the State of HP has decided to withdraw the case from the court of Law, on which the
application u/s 321 Cr PC has been moved by Ld. APP which has been allowed and accordingly
the accused persons were acquitted . In my opinion the order passed by Ld. CJM Una is just and
not fit for filing of appeal. However entire file is submitted to Ld. D.A. for kind perusal and
opinion please.
I have gone through the case file and from the perusal of file it revels that
accused has compounded the offence and he has been directed to make payment of 5000/-
which has been deposited by the accused in the Ld. Court . In my opinion the order is just and
not fit for filing of appeal. However entire file is submitted to Ld. D.A. for kind perusal and
opinion please.
To
Worthy District Magistrate,
Una, District Una, H.P.
Subject:- Withdrawal (Opinion) in case FIR No. 04/2018 dated 23.05.2018, U/S
498A,323,504IPC, Police Station Women PS Una , titled as State of H.P.
Vs Pankaj Sainir pending in the court of Ld. ACJM-I Una District Una,
H.P.
Sir,
Kindly refer to your office Endst No. 03/Lit/ Crl./ Withdrawal/19 dated
08.02.19 on the subject cited as above.
I have examined the entire record of the case as well as opinion of Ld.
Assistant Public Prosecutor Una. In this case Assistant Public Prosecutor in-charge of case has
opined that the case is fit for withdrawal. I agree with the opinion of Ld. APP. In my opinion
case is fit for withdrawal.
Therefore all relevant record of case along with case file and opinion is
hereby sent to your good self for further necessary action please.
Yours faithfully,
To
Worthy District Magistrate,
Una, District Una, H.P.
Subject:- Withdrawal (Opinion) in case FIR No. 369/15 dated 23.11.2015, U/S
341/324 IPC, Police Station Una , titled as State of H.P. Vs Suresh
Kumar pending in the court of Ld. Judicial Magistrate Court No. - III
District Una, H.P.
Sir,
Kindly refer to your office Endst No. 42/Lit/ Crl./ Withdrawal/17 dated
26.10.2017 on the subject cited as above.
I have examined the entire record of the case as well as opinion of Ld.
Assistant Public Prosecutor Una. In this case Assistant Public Prosecutor in-charge of case has
opined that the case is not fit for withdrawal. I agree with the opinion of Ld. APP. In my opinion
case is not fit for withdrawal as no public interest is involved.
Therefore all relevant record of case along with case file and opinion is
hereby sent to your good self for further necessary action please.
Yours faithfully,
Enclosure : As above. District Attorney,
Una, District Una, H.P.
No. DAU/Withdrawal/2017/- 38
To
Worthy District Magistrate,
Una, District Una, H.P.
Subject:- Withdrawal (Opinion) in case FIR No. 87/17 dated 12.04.2017, U/S 498-
A/406/34 IPC, Police Station Una, titled as State of H.P. Vs Dheeraj
Vasisht & other pending in the court of Ld. Add. Chief Judicial Magistrate
Court No. - 1 District Una, H.P.
Sir,
Kindly refer to your office Endst No. 40/Lit/ Crl./ Withdrawal/17 dated
18.10.2017 on the subject cited as above.
I have examined the entire record of the case as well as opinion of Ld.
Assistant Public Prosecutor Una. In this case Assistant Public Prosecutor in-charge of case has
opined that the case is fit for withdrawal. I agree with the opinion of Ld. PP. In my opinion
case is fit for withdrawal.
Therefore all relevant record of case along with case file and opinion is
hereby sent to your good self for further necessary action please.
Yours faithfully,
To
The Superintending of Police,
Una, District Una, H.P.
Subject:- Regarding Withdarwal of case FIR No. 196/16 u/s 341/323/201 IPC PS
Una .
Sir,
Kindly refer to your office letter No. R/W 49516 dated 13-10-2017 on the
subject cited as above.
In this connection, it is submitted that ADA concerned has verified the
FIR No. 196/16 which registered u/s 451/380 IP and in this case untraced report has been
prepared.
It is further submitted that the facts i.e u/s, title and name of the
accused that mentioned in the application u/s 321 Cr PC by the complainant is same as in case
FIR No. 195/16 so it appears that in application u/s 321 Cr PC inadvertently complainant
mentioned the FIR No. 196/16 instead of FIR No. 195/16, hence the application relates in case
titled as State of HP –vrs- Harinder Pal @ Lucky i.e FIR No. 195/16.
Therefore all relevant record of case as received vide above referred
letter is hereby sent to your good self for further necessary action please.
Yours faithfully,
Enclosure : As above. District Attorney,
Una, District Una, H.P.
Opinion in Criminal case titled as state of H.P. vs Abhey Singh Rana and ors. , FIR No 101/15
dated 3.8.15 , U/S 341,143, 504 IPC , Police station Haroli, District Una, pending in the court
of Ld. JMIC-IV Una.
I have gone through the entire case file. The statement of complainant Gopal
Sharma reveals that on dated 3.8.15 in Govt. College Bangana obstructed the way and raised
slogan against the Govt. and Vice Chancellor, HPU. The statement of other witnesses reveals
similar facts and circumstances.
The facts and circumstances reveal that no public violence and damage of Public
Property/ premises involved in this case. No any serious allegation leveled by the witnesses or
accused person. Section 143 of IPC is non compoundable, but in the interest of public at large
higher authority may withdraw the case.
On these views this case is fit for withdrawal, if Govt. decides to withdraw the
case in large of public interest. In that event I being incharge of the case as A.P.P. submits no
objection if the case is withdrawn in the interest of public at large.
However the entire case file is being submitted before Ld. D.A. for his kind
perusal and value able final opinion and approval please.
Date: 3.2.18
Place: Una Asstt. Public Prosecutor,
I have gone through the entire case file. The statement of complainant Mushtaq
Mohamad and other witnesses reveals that accused persons simply raised slogan by which
traffic was blocked on the road at Tahliwal Chowk.
The facts and circumstances reveal that no public violence and damage of Public
Property/ premises is appeared. The section 143 of IPC is non compoundable, but the main
offence in this case section 341 IPC is compoundable.
On these views this case is fit for withdrawal, if Govt. decides to withdraw the
case in large of public interest. In that event I being incharge of the case as A.P.P. submits no
objection if the case is withdrawn in the interest of public at large.
However the entire case file is being submitted before Ld. D.A. for his kind
perusal and value able final opinion and approval please.
Date: 3.2.18
Place: Una Asstt. Public Prosecutor,
I have gone through the entire case file. The complainant Khushwinder Pal Singh
registered an FIR and stated that accused persons on dated 30.7.12 raised slogan and
restrained the way of M.L.A. Sh. Mukesh Agnihotri. The statement of witnesses Hoshiar Singh
and Kuldeep Singh reveals that some hot exchanges occurred between the accused persons and
Shri Mukesh Agnihotri (M.L.A.).
The facts and circumstances reveal that no public violence and damage of Public
Property/ premises involved in this case. No any serious allegation leveled by the witnesses on
accused person. Section 353 IPC is non compoundable, however in the interest of public at
large the higher authority may withdraw the case.
On these views this case is fit for withdrawal, if Govt. decides to withdraw the
case in large of public interest. In that event I being incharge of the case as A.P.P. submits no
objection if the case is withdrawn in the interest of public at large.
However the entire case file is being submitted before Ld. D.A. for his kind
perusal and value able final opinion and approval please.
Date: 3.2.18
Place: Una Asstt. Public Prosecutor,
To
Worthy District Magistrate,
Una, District Una, H.P.
Sir,
Therefore all case files and opinion is hereby sent to your good self for
further necessary action please.
Yours faithfully,