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Registering FIR Sans Evidence Against Advocates Who Are Saviour Of Freedom Of Speech Would Dampen Their Spirits: HP High Court

Sparsh Upadhyay
27 July 2021 11:11 AM GMT
Registering FIR Sans Evidence Against Advocates Who Are Saviour Of Freedom Of Speech Would Dampen Their Spirits: HP High Court
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While quashing an FIR registered against an advocate for allegedly raising slogans against a Court order, the Himachal Pradesh High Court last week observed that registration of FIR without any legally admissible evidence against advocates, who are the saviour of Freedom of Speech would only dampen their spirits. The Bench of Justice Anoop Chitkara was hearing the plea of an...

While quashing an FIR registered against an advocate for allegedly raising slogans against a Court order, the Himachal Pradesh High Court last week observed that registration of FIR without any legally admissible evidence against advocates, who are the saviour of Freedom of Speech would only dampen their spirits.

The Bench of Justice Anoop Chitkara was hearing the plea of an Advocate named Vipul Prabhakar who was accused of raising slogans against an order of the High Court.

Facts in brief

On July 24, 2019, a police team, which was deputed to maintain law and order informed the Police Station about the commission of cognizable offences, which led to registration to the instant FIR.

As per the said information, the Investigating Officer stated that on July 24, 2019 at about 2.00 p.m. a group of lawyers raising slogans, proceeded from the side of A.G office towards CTO, Shimla.

Allegedly, these lawyers were raising slogans against an order passed by the High Court and since the raising slogans against the order of this Court was an offence under Sections 143 and 188, IPC, as such, the investigator registered the FIR.

Court's observations

Perusing the record of the case, the Court observed observed that the matter pertained to raising of slogans, however, the investigation did not reveal the identity of any such lawyer by the investigator.

Further, it was noted that it was also not mentioned as to what was the language of slogans and against which order of the Court, the Advocates were protesting.

Thus, the Court found it a fit case where the inherent jurisdiction of the High Court under Section 482 of the Code of Criminal Procedure could be invoked to quash the proceedings mentioned above.

Therefore, the FIR against the Advocate was quashed and all the consequential proceedings were also quashed and set aside.

Earlier this year, underlining that holding peaceful processions, raising slogans, would not be and cannot be an offence under India's Constitution, the Himachal Pradesh High Court had quashed an FIR filed against an Advocate under Sections 341, 143, 147, 149, 353, 504, and 506 IPC.

The Bench of Justice Anoop Chitkara was hearing the plea of a lady Advocate and member of the Shimla District Courts Bar Association who prayed before the Court to quash the FIR, registered against him.

Case title - Vipul Prabhakar v. State of H.P. and anr.

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