HC quashes criminal case against Anurag

SHIMLA: In a major relief to Hamirpur BJP MP and BCCI president Anurag Thakur, the HP High Court today quashed and set aside the criminal case pending against him before the court of Chief Judicial Magistrate (CJM), Dharamshala pertaining to obstructing the State Vigilance and Anti-Corruption Bureau (SV&ACB) officials from discharging duty and for holding a protest outside the office of the SP Vigilance, Dharamsala.

Vijay Arora

Legal Correspondent

Shimla, May 30

In a major relief to Hamirpur BJP MP and BCCI president Anurag Thakur, the HP High Court today quashed and set aside the criminal case pending against him before the court of Chief Judicial Magistrate (CJM), Dharamshala pertaining to obstructing the State Vigilance and Anti-Corruption Bureau (SV&ACB) officials from discharging duty and for holding a protest outside the office of the SP Vigilance, Dharamsala.

While allowing the petition filed by Thakur for quashing the criminal proceedings, Justice Rajiv Sharma observed that “the complaint has been filed under the signatures of SHO, Police Station, Dharamsala. The Superintendent of Police could not delegate the power to the SHO to file the complaint under Section 186 IPC. Thus, the CJM, Dharamsala has no jurisdiction to take cognizance. The complaint could only be filed by the officer concerned.”

Justice Sharma further observed that “In the complaint it is stated that Inspector Jagdish Chand and other staff members were present in Police Station (SV & ACB), Dharamsala and the accused initially entered the police station and thereafter went to the office of SP (SV & ACB). They disrupted the government administration for half an hour.

It is not stated that what duties were being discharged by those police officers/officials present in the police station and which one of them was obstructed voluntarily from discharging official functions. In order to attract the provisions of Section 186 of the IPC, it has to be seen whether the public servant in the discharge of his public functions has been voluntarily obstructed or not.”

The case pertains to October 24, 2013 when Anurag Thakur had visited Vigilance Bureau office at Dharamsala to join investigation in a case of cheating registered against the HPCA for certain alleged irregularities. Anurag Thakur’s supporters, who accompanied him, had allegedly staged a protest at Vigilance Bureau office premises. They had also allegedly raised slogans against state government and investigation agency. The Vigilance Bureau had booked Anurag Thakur and six others under section 186 of the IPC, which amounts to causing disruption and preventing a public servant from performing his duty. Thereafter, the court of CJM issued summons to Anurag and others on March, 10, 2014 and notice of accusation on November, 7, 2015. Aggrieved from this Anurag Thakur filed the petition before the High Court.