Shimla, March 7 (UNI) Himachal Pradesh High Court has issued notice to former Chief Minister Jai Ram Thakur and other accused on a petition seeking directions to register an FIR over alleged assault, kidnapping and wrongful restraint.
Justice Rakesh Kainthala passed the order on March 5 while hearing a petition filed by Shankar Singh Thakur, a retired Himachal Road Transport Corporation (HRTC) employee and former president of the Himachal Transport Mazdoor Sangh.
The petitioner had earlier filed a complaint before a trial court seeking registration of an FIR against Jai Ram Thakur, his driver Devendra Kumar, security personnel Bhupendra Singh, Swarn Singh, Dharmeshwar, Pawan Kumar and personal secretary Bharat Kumar under Sections 341, 363, 366, 323, 325, 504, 506 and 120-B of the Indian Penal Code.
However, the trial court dismissed the complaint and the order was later upheld by the Additional Sessions Judge, Ghumarwin. Aggrieved by the decision, the petitioner approached the High Court.
During the hearing, the petitioner argued that the trial court relied on a police report and compared the versions of the complainant and the accused, which was not required at the preliminary stage. He contended that the court should have only examined whether a prima facie cognisable case was made out from the complaint.
The High Court observed that the matter required deeper examination and could not be decided without hearing the proposed accused. The court also noted that the accused have a right to be heard when a complaint dismissed at the preliminary stage is challenged.
The court has therefore issued notice to the proposed accused and directed them to file their response within four weeks.
According to the petition, the incident occurred on August 17, 2023, when a highway near Namhol in Bilaspur district was reopened after a landslide caused by heavy rains. The petitioner alleged that he was recording a video of the traffic jam when Jai Ram Thakur’s vehicle got stuck there.
He claimed that Thakur became angry and directed his security personnel to beat him. The petitioner alleged that he was assaulted, threatened and taken to the Namhol police post. He further alleged that despite his complaint, no FIR was registered and instead a case was filed against him.
