Himachal Pradesh High Court Quashes FIR Against Congress Leader Over Allegedly Abusive Remarks Against PM Modi

The Himachal Pradesh High Court quashed an FIR registered against a Congress leader for allegedly making abusive remarks against the Prime Minister during an election rally.

The Court held that the allegations, did not show that the impugned remarks were made to promote enmity or hatred between different classes of citizens on grounds such as religion, caste, or community under Section 125 of the Representation of the People Act, 1951.

Justice Sandeep Sharma remarked that: “...there is no allegation that while using absurd language and hurling abuses at the Hon'ble Prime Minister of India, petitioner ever attempted to promote enmity or hatred between different classes of citizens of India on the grounds of religion, race, caste, community or language...”

Further the Court noted that : “Similarly, this Court finds that no case under Section 504 of Indian Penal Code is made out against the petitioner… the person, who was allegedly intentionally insulted by the petitioner…never came forward to lodge a complaint, rather complainant…lodged the complaint, contents whereof, if read, are not specific, rather vague and evasive.”

Background:

The case arose from a complaint filed by a BJP office bearer alleging that the petitioner used abusive and objectionable language against the Prime Minister during an election rally. The complaint was forwarded by the Chief Electoral Officer to the police, after which an FIR under Section 125 of the Representation of the People Act and Section 504 IPC.

Thereafter, the petitioner approached the High Court seeking quashing of the FIR on the ground that the allegations were vague and did not disclose any cognizable offence.

The Court observed that that was no allegation in the charge sheet that the petitioner ever attempted to promote enmity or hatred between different classes of citizens...on the grounds of religion, race, caste, community or language.

Further the Court noted multiple deficiencies in the prosecution case, including absence of complaint by the allegedly insulted person and lack of evidence of public disorder. Also that there was absence of substantive investigation and that the charge sheet merely reproduced the FIR without adding concrete evidence.

Thus, the Court quashed the FIR and concluded that the continuation of proceedings would cause unnecessary harassment.

Case Name: Thakar Singh Bharmouri V/s State of H.P. & Ors.

Case No.: Cr.MMO No.623 of 2025

Date of Decision: 17.03.2026

For the petitioners: Mr. P.P. Chauhan, Ms. Shikha Rajta, Ms.

Urvashi Rajta and Ms. Tara Devi, Advocates

For the Respondents: Mr. Rajan Kahol & Mr. Vishal Panwar, Additional Advocates General with Mr. Ravi Chauhan & Mr. Anish Banshtu, Deputy Advocates General, for respondents No.1 to 3-State.

Mr. Vinod Chauhan, Advocate, for respondent No.4.

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