Court On Its Own Motion vs State Of H.P. & Ors on 8 July, 2026

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    Himachal Pradesh High Court

    Court On Its Own Motion vs State Of H.P. & Ors on 8 July, 2026

                                                                2026:HHC:27509
    
    
    
    
             IN THE HIGH COURT OF HIMACHAL PRADESH,
                             SHIMLA.
    
    
    
    
                                                              .
                               Cr.WP No. 14 of 2023
    
    
    
    
    
                               Reserved on 25.06.2026
                               Pronounced on: 08.07.2026
    
    
    
    
    
                               Uploaded on: 08.07.2026
    
        Court on its own motion                         ...Petitioner
    
    
    
    
                                        of
                               Versus
        State of H.P. & Ors.                           ...Respondents
        Coram         rt
        The Hon'ble Mr. Justice G. S. Sandhawalia, Chief
        Justice.
    
        The Hon'ble Mr. Justice Bipin C. Negi, Judge.
        Whether approved for reporting?
        For the Petitioner:       Mr. Viren Bansal, Advocate with Mr.
    
    
    
                                  Nishant Sharma - Complainant
                                  Mr. Anup Rattan, Advocate General
                                  with Mr. Pranay Pratap Singh,
    
    
    
    
                                  Additional Advocate General, for
                                  respondents No. 1 & 3.
    
    
    
    
    
                                  Mr. Manish Sharma, Advocate, for
                                  respondent No 2.
    
    
    
    
    
                                  Mr.   Arjun  Lal,        Advocate,            for
                                  respondent No. 4.
                                  Mr. Shrawan Dogra, Senior Advocate
                                  with Ms. Bhanvi Negi, Advocate, for
                                  respondent No. 4.
                                  Mr. Rajneesh Maniktala, Senior
                                  Advocate with Mr. Dinkar Bhaskar,
                                  Advocate, for the intervenors.
                                  Complainant-Nishant           Sharma           in
                                  person.
    
    
    
    
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                                                                 2026:HHC:27509
    
    
    
    
        G. S. Sandhawalia, Chief Justice
    

    .

    The present petition was initiated on account of

    SPONSORED

    a representation/e-mail dated 28.10.2023, received from

    Mr. Nishant Sharma herein called the complainant,

    addressed to the then Chief Justice of this Court.

    of

    2. The status report had been called by the

    Coordinate Bench on 10.11.2023 on account of the fact that
    rt
    there were allegations of intimidation by the then head of

    the Police Force, Mr. Sanjay Kundu, the then Director

    General of Police (DGP).

    3. The grouse in question as such that an attack

    had taken place by gangsters at the gate of the parents’

    house at Gurugram on 25.08.2023 initially and allegations

    were made against Mr. Sachin Shreedhar, Ex IPS Officer,

    while naming his brother Tarun Shreedhar, who was a

    Senior IAS Officer in the State and one Senior Advocate,

    namely, Keshav Dutt Shreedhar, practicing in this Court,

    who are stated to be involved with Mr. Sachin Shreedhar.

    4. The complainant alleged that he was running

    hotel in Palampur and where he was residing since 2000

    and Mr. Rakesh Shreedhar brother of Mr. Keshav Dutt

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    Shreedhar, who is residing in America, had invested in

    various small scale projects in or around Palampur and used

    .

    undue force from others for extorting money from him and

    forcing to sell the company by threatening auditors and not

    allowing to file returns. Mr. Sanjay Kundu, the then DGP,

    was stated to have rung up the complainant and asked him

    of
    to come to Shimla in the said context. At the time of

    receiving the call, the complainant was stopped by two men
    rt
    on a motorcycle on 27.10.2023 and threatened that they

    would make the whole family disappear and at that time he

    was accompanied by his wife and child. The concerned

    Senior Superintendent of Police, Kangra had been contacted

    but not having been able to connect with her, the

    representation had been received.

    5. Vide interim order dated 16.11.2023, on filing of

    the status report, Amicus was also appointed and requisite

    protection was also provided to the complainant and

    assurance was taken by the Court that the FIR would be

    registered with regard to the complaint made to the Senior

    Superintendent of Police, Kangra.

    6. Vide detailed order dated 26.12.2023, directions

    were issued to the Deputy Superintendent of Police and the

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    Superintendent of Police, Kangra, be moved to other posts

    to ensure the fair investigation in the FIR No. 55 registered

    .

    on 16.11.2023, which order was challenged in the SLP No.

    54019/2023 filed by Mr. Sanjay Kundu and accordingly the

    liberty was granted to the said police officer to move an

    application before the High Court for recalling of the order,

    of
    whereas the transfer order as such was to remain stayed till

    the recall application is decided on 03.01.2024. Resultantly,
    rt
    both the police officers were also impleaded and on

    09.01.2024 and the plea for recalling the order was rejected

    and the Special Investigation Team as such of the IG level

    was to coordinate the investigation.

    7. The said order was stayed in SLP No. 3917/2024,

    preferred by the Superintendent of Police on 21.03.2024.

    Vide order dated 19.04.2024, the Apex Court in SLP No.

    3917 of 2024, directed that the Superintendent of Police,

    Kangra shall not have any role in relation to the security to

    be provided to the complainant and nor shall she interfere

    in the investigation by the SIT and since the High Court was

    seized of the matter as the order dated 09.01.2024 was

    stayed and the matter was to be taken up by this Court, by

    disposing of the SLP.

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    8. On 22.05.2024, it was directed by the Coordinate

    Bench that the final report shall not be filed in FIR No.

    .

    98/2023, under Section 500 and 505 of the IPC, which had

    been registered against the complainant at Shimla on the

    basis of the complaint made by Mr. Sanjay Kundu and also

    FIR No. 55/2023, registered at the Police Station

    of
    McLeodganj, under Sections 341, 504, 506 and 34 regarding

    the incident of threat, the basic cause of action as such in
    rt
    the representation submitted to this Court initially.

    9. On 23.09.2024, the Coordinate Bench headed by

    the then Chief Justice, directed additions of the Section 384

    to 387 of the IPC in FIR No. 55/2023, registered at Police

    Station McLeodganj and the SIT to investigate the matter

    and the Superintendent of Police level officer from the H.P.

    Armed Police Battalion, as approved by the successor

    Director General of Police, be added as member of the SIT,

    as per the report filed by him, appropriate notification was

    to be issued and the matter was listed for filing of status

    report, by the Director General of Police, State of Himachal

    Pradesh and the SIT.

    10. The said order was stayed in SLP No.

    45241/2024, filed by Mr. Sanjay Kundu, the then DGP and

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    the judgment and order passed on 23.09.2024 was directed

    to be stayed on 01.10.2024.

    .

    11. An SLP No. 2167/2025 filed by State of Himachal

    Pradesh was disposed of on 07.04.2025 the ground that the

    investigation has been concluded by the SIT.

    12. Resultantly, the proceedings before the

    of
    Coordinate Bench was thereafter deferred.

    13. On 07.02.2025, Cr.W.P. No. 4 of 2025 came to be
    rt
    filed by the complainant raising a challenge to the order

    dated 18.11.2024, passed by the JMIC, Kangra, wherein

    status report was called for in an application filed under

    Section 156(3) of the Cr.P.C. for registration of the First

    Information Report (FIR) against the complainant and his

    father – Mr. Kamlesh Sharma. We declined to grant any

    interim relief to the present complainant – Mr. Nishant

    Sharma since only a status report had been called and the

    Superintendent of Police, District Kangra had directed the

    SHO, Palampur and McLeodganj to give the details of

    movable and immovable properties of the present

    petitioner. It was also noticed that there was dispute of

    investment made by the Mr. Keshav Dutt Shreedhar, the

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    applicant in petition under Section 156(3) Cr.P.C.

    proceedings. Both the petitions were then clubbed together.

    .

    14. On 16.09.2025, it was noticed by the Apex Court

    that both the FIRs had been looked into by the SIT and two

    separate reports had been prepared in both the competent

    Courts of the Chief Judicial Magistrate, Kangra and the

    of
    Additional Chief Judicial Magistrate, Shimla.

    15. Keeping in view the arguments raised by the
    rt
    complainant, directions were issued that the reports be

    placed before this Court and this Court shall look into the

    reports and it was left open for the discretion of this Court

    to allow the two jurisdictional magistrates to proceed

    further in accordance with law and it was left open to take

    further action if required in the interest of justice. The

    security provided to the complainant was ordered to be

    discontinued and the contempt proceedings were also

    accordingly closed. The relevant part of the order dated

    16.09.2025 reads as under:-

    “(i) The two reports which have been filed by SIT
    before the two Courts of Jurisdictional
    Magistrates may remain over there for the
    present, however, both the reports should now
    be placed before the High Court. The High Court
    will look into the reports. We leave it to the

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    better discretion of the High Court to proceed
    further in accordance with law after looking into

    .

    the reports. It will be open for the High Court to

    allow the two jurisdictional magistrates to
    proceed further in accordance with law, if
    satisfied otherwise.

    (ii) Insofar as the directions are concerned as
    contained in the Order passed by the High Court

    of
    dated 23.09.2024, more particularly, addition of
    Sections 384 to 387 of the Indian Penal Code,
    1860 respectively in the FIR No. 55 of 2023 is
    concerned, the same shall also be looked into by
    rt
    the High Court after perusing the two reports

    filed by the SIT.

    (iii) The Registry shall forward one copy of this
    Order at the earliest to the Hon’ble Chief Justice
    of the Himachal Pradesh High Court. The Chief

    Justice shall call for the two reports filed by the
    SIT from the respective Courts, referred to above

    and thereafter proceed to look into the main
    matter further i.e. Writ Petition Crl.No. 14 of

    2023 pending before it in accordance with law.

    11. This Court had to intervene having regard to

    the situation prevailing at the relevant point of
    time. We need not now keep monitoring this
    litigation for an indefinite period of time. We
    believe that the High Court should now look into
    the matter further in accordance with law
    keeping in mind the two reports filed by the SIT.
    We leave it open to the High Court to take
    further action if required in the interest of justice
    and more particularly if the High Court is

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    dissatisfied with the manner in which the SIT has
    undertaken the investigation.

    .

    12. With the aforesaid both the Special Leave

    Petitions stand disposed of and Contempt
    Petition (C) No. 505/2025 in SLP(Crl.) No.
    14974/2024 stands closed.

    13. The security provided to Shri Nishant Sharma
    shall now be discontinued. However, if there is

    of
    any genuine apprehension as regards threat to
    his life or to the lives of his family members, he
    may approach the High Court and make an
    appropriate request in that regard.

    rt

    14. Pending application(s), if any, stands
    disposed of.

    Contempt Petition (C) No.498 of 2025 in SLP(Crl.)

    No.3917 of 2024 and Contempt Petition (C) Nos.
    499-500 of 2025 in SLP(Crl.)Nos. 550-551 of
    2024

    1. Upon being mentioned by the learned counsel

    appearing for the State of Himachal Pradesh, the
    above said Contempt Petitions are taken on

    Board.

    2. In view of the Order passed in the main
    matter i.e. SLP(Crl.) No. 14974 OF 2024, these
    Contempt Petitions also stand closed.

    3. Pending application(s), if any, stands disposed
    of.”

    16. It is settled principle that in normal

    circumstances, it is for the Magistrate as such to look into

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    the Cancellation Report and take action accordingly after

    giving the opportunity to the complainant in case the

    .

    Cancellation Report is to be submitted or it is within its

    jurisdiction to direct further investigation in view of the law

    laid down in Abhinandan Jha & Ors. vs. Dinesh Mishra,

    AIR 1968 SC 117 or in alternate take cognizance. The

    of
    relevant portion of the judgment reads as under:-

    (15) Then the question is, what is the position when the
    rt
    Magistrate is dealing with a report submitted by the
    police, under Section 173 that no case is made out for

    sending up an accused for trial, which report as we have
    already indicated is called in the area in question as a
    ‘final report’? Even in those cases, if the Magistrate

    agrees with the said report he may accept the final
    report and close the proceedings. But there may be
    instances when the Magistrate may take the view on a

    consideration of the final report that the opinion formed

    by the police is not based on a full and complete
    investigation in which case, in our opinion, the
    Magistrate will have ample jurisdiction to give directions

    to the police, under S. 156 (3), to make a further
    investigation. That is if the Magistrate feels, after
    considering the final report, that the investigation is
    unsatisfactory, or incomplete, or that there is scope for
    further investigation, it will be to open to the Magistrate
    to decline to accept the final report and direct the police
    to make further investigation, under Section 156 (3).

    The police, after such further investigation, may submit
    a charge-sheet, or, again submit a final report,

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    depending upon the further investigation made by
    them. If ultimately, the Magistrate forms the opinion

    .

    that the facts, set out in the final report, constitute an

    offence, he can take cognizance of the offence, under
    section 190 (1) (b), notwithstanding the contrary
    opinion of the police, expressed in the final report.

    17. Similar view was also taken by the Apex Court in

    of
    Union of India vs. Prakash P. Hinduja & Anr., AIR

    2003 SC 2612, wherein the learned Single Judge of the
    rt
    High Court had set aside the cognizance order taken by the

    Special Judge and all consequential proceedings had been

    quashed, leaving the prosecution to file fresh charge-sheet.

    Resultantly, the question which came up for consideration

    before the Apex Court was that whether the Court can go to

    the validity of the investigation done by the authorities

    charged with the duty of investigation and whether error or

    illegality committed would vitiate the chargsheet, so as to

    render cognizance taken bad and invalid. Resultantly, the

    appeal was allowed and the proceedings quashing the

    cognizance and further proceedings were set aside keeping

    in mind the basic principle that the Magistrate is to accept

    the final report and the material collected in the

    investigation is justified for prosecution and it may not

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    accept the cancellation and take congnizance of the offence

    and summon the accused.

    .

    18. However, since the Apex Court has ordained us

    to also look into the reports, which have been filed by the

    SIT and has noticed that separate reports have been

    prepared, it has left us to look into the reports and a

    of
    discretion to proceed further in accordance with law as to

    whether the investigation has been done properly. Liberty
    rt
    has also been given to us if dis-satisfied with the manner

    the SIT has undertaken the investigation, it would be open

    for us to take further action, if so required in the interest of

    justice and resultantly we proceed to discuss the issue

    threadbare.

    19. It is also relevant to note that in the meantime

    the petition filed under Section 156 (3) Cr.P.C. against the

    complainant by Mr. Keshav Dutt Shreedhar was disposed of

    by the Magistrate on 02.04.2025 by holding that there is no

    prima facie case for commission of the offence, which was

    challenged by filing Cr. Rev. No. 345 of 2025, by Mr. Keshav

    Dutt Shreedhar and which came to be thereafter allowed on

    11.11.2025 and the matter was remanded to the Magistrate

    for fresh consideration. We have been told that the matter

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    is now pending consideration before the Apex Court in a

    petition filed by the complainant and, therefore, we

    .

    reserved orders in the present Cr.W.P. No. 14 of 2023 on

    25.06.2026 while deferring the proceedings in Cr.W.P. No. 4

    of 2025.

    20. It is also noteworthy to be kept in mind that the

    of
    Un-traced Report in FIR No. 350/2023, under Sections 323

    and 506, registered by the complainant at Police Station
    rt
    Sector-9, Gurugram was also accepted by the Magistrate on

    05.07.2025 in the absence of the complainant and he has

    filed objections against the same.

    21. In such circumstances, we are now to decide the

    issue as such and look into the Cancellation Reports, which

    have been filed in both of the cases in view of the directions

    of the Apex Court. It is to be noticed that the FIR No.

    55/2023, lodged at the Police Station McLeodganj, was on

    account of the fact that on 25.08.2023, he had been

    threatened by two persons, who were on a Pulsar Bike, in

    the jurisdiction of the said Police Station.

    22. The perusal of the said Cancellation Report

    would go on to show that SIT reached out to the present

    petitioner and recreated the crime scene and examined

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    CCTV footage of the date of the incident but the bike

    purportedly used by the assailant remained unidentified in

    .

    the proceedings. The scene of the crime had been

    recreated and various CCTV cameras alongwith the route of

    the scene of the crime had been assessed including one of

    Ashwani Kiryana Store, Meethanala Karmu Mod, which had

    of
    been met with the allegation of tampering by the present

    complainant. The experts from Forensic Science Laboratory
    rt
    as such were also involved to trace out the persons who

    had threatened the complainant on 27.10.2023. The vendor

    who had installed the CCTV cameras were also examined to

    corroborate the version of the two brothers of the shop in

    question. Interrogation of Mr. Keshav Dutt Shreedhar, Mr.

    Sachin Shreedhar, Mr. Sanjay Kundu, Ravi Kant Bansal and

    Mr. Mast Ram Dalel regarding their involvement was also

    done.

    23. It was also noticed that the father of the

    complainant had come into contact with Mr. Keshav Dutt

    Shreedhar way back in early 1990 and friendship had

    developed between them and he had persuaded him to

    invest in the company Shri Chamunda Laboratories and

    Projects Pvt. Ltd, which operated a hotel in Palampur in the

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    name of Sai Gardens, which was initially with 28 rooms and

    was expanded to 60 rooms under the joint management of

    .

    the complainant. There were issues regarding selling the

    company property on multiple occasions and Mr. Keshav

    Dutt Shreedhar had 51% ownership in the Company.

    24. It was noticed that the matter had been taken to

    of
    National Company Law Tribunal and is still underway

    regarding the illegal running business from the company
    rt
    properties and diversion of the profits to personal accounts

    and partnerships without informing the company.

    25. It was noticed that the complainant had

    acquaintance with Mr. Sanjay Kundu and they had met

    when he was Principal Secretary to the Chief Minister of H.P.

    in the previous government and Mr. Sachin Shreedhar was

    also associated regarding his role in the assault incident in

    Gurugram and had joined the investigation. He also had

    filed a defamation case against the complainant in the

    Court of the District and Sessions Judge, Saket, New Delhi.

    26. The then Superintendent of Police, Kangra, Ms.

    Shalini Agnihotri’s examination as such revealed that she

    had discussed the case emphatically with him and

    requested the details and later she was accused of inaction

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    on account of not mentioning their telephonic conversation.

    The Superintendent of Police, Kangra had provided the

    .

    audio recording of their conversation as evidence of her

    proactive approach.

    27. Thus, the SIT which was headed by Mr. Santosh

    Patial, IPS, IGP, and Mr. Abhishek Dullar, IPS, IGP/NR also

    of
    compared the IPDR data of both the mobile numbers of Mr.

    Keshav Dutt Shreedhar and Mr. Sachin Shreedhar for the
    rt
    period 26.10.2023 to 28.10.2023 and confirmed the

    absence of any link with the alleged suspects of so called

    assailants. The person he had remained in touch was one

    Editor of the Newspaper ‘Himachal Dastak’, which was

    owned by Mr. Keshav Dutt Shreedhar and the conversation

    was business related.

    28. Mr. Lokender Negi, the Deputy Superintendent of

    Police, Palampur had provided critical insights into the fact

    that the advise had been given to the complainant to

    contact the DGP’s official landline number and the call from

    the complainant’s mobile had been connected with the

    DGP.

    29. The Manager Varun Dixit who had earlier worked

    with the complainant’s hotel ‘Sai Garden’ from 2017 to

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    2019 had also been examined and he had been acquainted

    with Mr. Keshav Dutt Shreedhar, Director of the Company

    .

    operating the said hotel and informed that Mr. Keshav Dutt

    Shreedhar had been visiting the hotel and took daily sales

    bills as he was interested in the hotel’s revenue. The said

    manager had resigned on account of the fact that there was

    of
    dispute between complainant and Mr. Keshav Dutt

    Shreedhar regarding the property proceeds. Even the police
    rt
    officials posted at Police Post Sector-4, Gurugram were

    examined and it was noticed that the complainant had not

    provided any clue or evidence against Mr. Keshav Dutt

    Shreedhar and incident as such had occurred near his

    house but not inside and the suspects were not able to be

    identified.

    30. It is also noticed that complainant had lunch with

    his friend Sonam Wangchuk at Hotel Tibet in McLeodganj

    and headed towards Bhagsunag at 5:40 p.m. and the

    incident took place at 5:50 p.m, but he had not contacted

    the said person and it was noticed that there are only two

    routes from McLeodganj to Dharamshala and the assailants

    could have been easily apprehended if the police was

    informed timely and the complainant had failed to provide a

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    logical explanation. It was also noticed that on the next date

    i.e. 28.10.2023 there was cricket match also at

    .

    Dharamshala and the guest house and hotels were totally

    sold out. Accordingly, the SIT had come to the conclusion

    that no such incident had occurred on 27.10.2023.

    31. While falling back on the statement of one Mr.

    of
    Rajaeet Kumar (Electrician), who accompanied the

    complainant from Palampur to Bhagsunag and back on the
    rt
    day of the alleged incident had not overheard any such

    discussion regarding the call from the higher police official.

    It was noticed that on earlier occasion, when he was

    assaulted at Gurugram, he immediately rushed to the

    nearest police station. The statements of two adjoining

    shopkeepers Mr. Sharan Dass and Mr. Ravi Kumar were

    recorded, who denied any incident and in the absence of

    any direct witness, the Closure Report as such had been

    submitted.

    32. It was also noticed that since there was a push

    for transparency and rectification of the financial mis-

    management for Mr. Keshav Dutt Shreedhar and the

    pressure was on the complainant to sell stake in the

    company or face legal consequences, the said incident was

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    to intended to distract from the findings and to shift the

    narrative on his alleged victimization. Resultantly, the

    .

    following conclusion was arrived at:-

    1. Lack of Substantial Evidence: Despite

    extensive efforts to collect evidence, including
    site visits, CCTV footage analysis, and witness
    interviews, no substantial evidence was found to

    of
    support Sh. Nishant Sharma’s allegations. The
    CCTV footage did not show any suspicious
    motorcycles
    rt or activities described by the
    complainant, and witness statements did not
    corroborate the incident.

    2. Inconsistencies in the Complainant’s
    Claims: The investigation revealed several
    Inconsistencies in Sh. Nishant Sharma’s

    narrative. For instance, the timeline of events
    provided by Sh. Nishnat Sharma did not match
    the CCTV footage and other collected evidence.

    Additionally, despite his claims of an immediate

    threat, Sh. Nishant Sharma did not report the
    incident to the local police on the day it
    occurred, which is inconsistent with someone

    facing a genuine threat.

    3. Contradictory Witness Statements:

    Numerous witnesses, including local
    shopkeepers, residents, hoteliers, taxi-drivers
    and police officials, provided statements that
    contradicted Sh. Nishant Sharma’s version of
    events. None of the interviewed witnesses could
    confirm the presence of the alleged assailants or
    the occurrence of the described incident.

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    4. Fabricated Allegations: The SIT’s
    Investigation suggested that Sh. Nishant Sharma

    .

    had fabricated the story to create a false

    narrative against Sh. Keshav Shridhar, Sachin
    Shridhar and DGP Sanjay Kundu. This conclusion
    was supported by the timing and content of his

    communications, which appeared to be
    coordinated to frame a particular sequence of

    of
    events.

    5. No Unauthorized Surveillance: Sh. Nishant
    Sharma’s claims about being under unauthorized
    surveillance were found to be baseless. The SIT’s
    rt
    investigation with the telecom service provider

    and the CID department confirmed that no such
    surveillance or tapping of Sh. Nishant Sharma’s
    phone had taken place.

    6. Ongoing Business Dispute: The

    Investigation revealed that Sh. Nishant Sharma
    had a longstanding business dispute with Sh.

    Keshav Shridhar which likely motivated his
    allegations. Legal proceedings regarding

    mismanagement and oppression within the
    company were already underway, Indicating that

    the criminal complaint may have been an
    attempt to gain leverage in the business conflict.

    7. Complainant’s Non-Cooperation: Sh.
    Nishant Sharma exhibited a lack of cooperation
    with the Investigation. He refused to sign
    observation memos, provide detailed
    information, or assist in Identifying suspects,
    Instead frequently finding faults with the
    investigation process.

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    8. No Eyewitness Testimony: Despite the
    alleged Incident occurring in a busy area

    .

    particularly due to a World Cup cricket match,

    none of the witnesses confirmed witnessing the
    described intimidation or threats.

    9. Forensic Analysis Results: Forensic

    analysis of the CCTV footage from possible
    escape routes which were alleged by Sh. Nishant

    of
    Sharma as tempered/planted did not show any
    tampering or manipulation, further discrediting
    Sh. Nishant Sharma’s claims.

    10. Telecommunication Data Analysis: The
    rt
    analysis of call records and tower dump data did

    not show any connections to the alleged
    suspects or indicate any suspicious activity that
    would support Sh. Nishnat Sharma’s allegations.

    11. Behavior Post-Incident: Sh. Nishant

    Sharma’s behavior after the alleged incident,
    including his public disclosures and press

    conferences, seemed more aimed at creating a
    narrative than seeking justice. His actions

    complicated the investigation and suggested an
    ulterior motive.

    67. The motive for registering a false case
    appears to be multifaceted and rooted in this
    ongoing business conflict. Here are the key
    motives identified:

    1. Leverage in Business Dispute: Sh. Nishant
    Sharma and the Sh. Keshav Shridhar were
    embroiled in a dispute over the management
    and ownership of a company that owned
    properties in Palampur and Bhagsunag. By
    fabricating allegations of threats and

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    2026:HHC:27509

    Intimidation, Sh. Nishant Sharma could have
    been attempting to gain leverage in business

    .

    conflicts. The ongoing business disputes and the

    financial pressures associated with them could
    have driven Sh. Nishant Sharma to take drastic
    measures. Registering a false case could have

    been an act of desperation to expedite a
    resolution In his favor or to retaliate against

    of
    those he viewed as responsible for his
    predicament.

    2. Discrediting Opponents: By implicating Sh.
    Keshav Shridhar and Sh. Sachin Shridhar in a
    rt
    criminal case, Sh. Nishant Sharma could have

    aimed to discredit them and tarnish their
    reputations. This would potentially weaken their
    position in the business dispute and any
    associated legal battles.

    3. Targeting High-Ranking Officials: The
    false allegations also involved claims against

    high-ranking officials, Including DGP Sanjay
    Kundu. By doing so, Sh. Nishant Sharma might

    have sought to escalate the matter, attract more
    attention, and possibly create additional

    pressure on the Individuals he perceived as
    adversaries. High-profile cases Involving threats
    and intimidation can attract significant media
    and public attention. Sh. Nishant Sharma might
    have been attempting to use this case to draw
    public and media to his plight, thereby applying
    indirect pressure on Sh. Keshav Shridhar and
    other involved parties.

    4. Seeking Protection and Sympathy: By
    portraying himself and his family as victims of

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    2026:HHC:27509

    serious threats, Sh. Nishant Sharma could have
    been seeking protection from the authorities and

    .

    public sympathy. This might have also been a

    strategic move to gain a more favorable position
    in both the business dispute and any related
    negotiations.

    5. Legal Diversion: Registering a criminal case
    might have been a strategy to divert attention

    of
    from ongoing Investigations or legal actions
    against him, such as the case of
    mismanagement and oppression within the
    company. By creating a new and dramatic legal
    rt
    battle, he could have been trying to shift focus

    away from his own legal challenges.

    6. Emotional Manipulation: By presenting
    himself and his family as victims, Sh. Nishant
    Sharma could have been attempting to

    manipulate the emotional responses of
    authorities, the public, and potential supporters.

    This could have been a way to garner sympathy
    and support, which might be used to his

    advantage in various ways.

    7. Delaying Tactics: Creating a complex legal

    scenario with multiple allegations and high-
    profile targets might have been a tactic to delay
    proceedings in the ongoing business dispute.
    This could buy Sh. Nishant Sharma more time to
    prepare his case or negotiate from a position of
    perceived victimhood.

    8. Intimidation: By involving high-ranking
    police officials in his fabricated allegations, Sh.
    Nishant Sharma might have been attempting to
    intimidate his opponents into backing down from

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    2026:HHC:27509

    the business dispute or agreeing to more
    favorable terms for him.

    .

    33. Resultantly, the SIT came to the conclusion that

    a false case was filed by the complainant to manipulate the

    legal system, distract attention from the findings and gain

    upper hand in his business disputes, while submitting the

    of
    Cancellation Report.

    34. In similar circumstances, the FIR No. 98/2023
    rt
    lodged by Sanjay Kundu, DGP was directed to be closed on

    account of the fact that offence as such is primarily non-

    cognizable to which no exception can be undertaken as

    such.

    35. A perusal of the Cancellation Report submitted in

    FIR No. 98/2023, would go on to show that the SIT came to

    the conclusion after examining the statements of the

    parties as such recorded that the complainant – Mr. Nishant

    Sharma had been making complaint against the Director

    General of Police (DGP) without any substantial basis and

    circulating e-mails as such thereby tarnishing his image and

    reputation. The business rivalry was the sole cause as such

    with Mr. Keshav Dutt Shreedhar, who was Standing Counsel

    for the Government of Himachal Pradesh and was known to

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    2026:HHC:27509

    Mr. Sanjay Kundu on account of the professional

    acquaintance.

    .

    36. It was noticed that the father of the complainant

    Mr. K. K. Sharma was known to Mr. Keshav Dutt Shreedhar

    since 1990 and there were disputes as such regarding the

    shareholding in the company in question. The contact by

    of
    Mr. Sanjay Kundu on telephone on 27.10.2023 was only on

    account of the fact that Mr. Keshav Dutt Shreedhar had
    rt
    come to his office on 09.10.2023 and informed him

    regarding the objections and allegations levelled against

    him by the complainant through e-mail and he had been

    asked to resolve the matter amicably and in such

    circumstances, efforts were made to converse with the

    complainant – Mr. Nishant Sharma and the conversation had

    taken place on the official land line for 63 seconds. The

    investigating agency accordingly came to the conclusion

    that Mr. Sanjay Kundu did not have any prior acquaintance

    as such with Mr. Nishant Sharma and the timing of the

    phone call was at the time when he was allegedly

    obstructed by two unknown persons and, therefore, he had

    suspected the involvement of the said officer.

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    2026:HHC:27509

    37. The material circulated by the complainant –

    Nishant Sharma had been considered defamatory and, thus,

    .

    the present case had been registered and resultantly, the

    investigating agency came to the conclusion that there was

    no such official government duty and the act could not be

    connected with the affairs of the State and there was no

    of
    evidence pertaining to offence under Sections 327, 506,

    120B IPC and the said sections were removed. Resultantly,
    rt
    it was found that Sections 499 and 500 IPC relate to the

    offence of defamation and the Court could only take

    cognizance upon the complaint made by the person

    aggrieved and resultantly also deleted Section 505 IPC as

    there was nothing adverse of the allegations against the

    character and functioning of the police force.

    38. Thus, keeping in view the above, we are of the

    considered opinion that the necessary exercise has been

    done. We do not find that SIT had faulted in any manner

    and the only argument which has been raised by the

    complainant is that the Cancellation Report had been

    wrongly filed during the pendency of the litigation in the

    Supreme Court and since there were directions dated

    22.05.2024 by the Coordinate Bench not to file the final

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    2026:HHC:27509

    report in both the FIRs i.e. FIR No. 55/2023 and FIR No.

    98/2023, and reports submitted should not be taken into

    .

    consideration.

    39. We are of the considered opinion that there is no

    weight in the said argument as it has already been noticed

    above that on 09.04.2024, it had already been directed by

    of
    the Apex Court that the Superintendent of Police, Kangra,

    will not have any role and nor interfere in the investigation
    rt
    by the SIT. Thereafter, the SLP filed by the State of

    Himachal Pradesh i.e. SLP No. 2167/2025, was disposed of

    on 07.04.2025 that the investigation had already been

    concluded by the SIT. Eventually order dated 16.09.2025

    came to be passed noting the background as such that both

    the FIRs had been looked into by the SIT and the separate

    reports had been prepared and it thus led to the filing of the

    the contempt petition and the argument was raised that

    two reports should have been filed before the High Court

    and not before the Magistrate, in view of the earlier order

    dated 19.04.2024, which led to the directions that the said

    report should also be placed before this Court to examine

    whether the investigation as such was satisfactory or not.

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    2026:HHC:27509

    40. Accordingly, reliance can be placed upon the

    judgment in Vinay Tyagi vs. Irshad Ali alias Deepak &

    .

    Ors., (2013) 5 SCC 762, wherein also the Apex Court was

    considering that the Delhi Police had filed a report under

    Section 173(2) Cr.P.C. and there was a closure report by CBI

    and, therefore, left it open for the trial court as such to

    of
    accept the application of the accused for discharge or direct

    the trial court to proceed in accordance with law and if dis-

    rt
    satisfied on important aspect of the investigation, it could

    direct further investigation. Resultantly, the Apex Court

    modified the order of the High Court wherein it had been

    observed that once the report was filed by the CBI, the said

    agency has to be treated as the investigating agency and

    the closure report ought to have been considered by the

    trial court.

    41. In Devendra Nath Singh vs. State of Bihar &

    Ors. (2023) 1 SCC 48, the High Court had proceeded to

    direct Magistrate to give directions to the police to further

    investigate the case in terms of Section 173(8) Cr.P.C., as it

    was of the opinion that the District Manager of the Corporation

    was responsible for the illegality and the Class-IV employee

    was hauled up ‘as a scapegoat to save the skin’. Resultantly,

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    2026:HHC:27509

    the said order was upheld by only mentioning that the

    investigation contemplated should be allowed to be taken

    .

    to its logical end while effacing the unwarranted and

    unnecessary observations of the High Court lest there be

    any prejudice to any party.

    42. In sum and substance, the power of the

    of
    Magistrate was kept in mind keeping in view the law laid

    down in Abhinandan Jha‘s case (supra).

    rt

    43. Reliance can also be placed upon the judgment

    of the Apex Court in Sushila Devi vs. State of Rajasthan

    & Ors., 2014 (1) SCC 269, to this extent, wherein there

    was issue as such whether the Apex Court as such had to

    keep on continuing to monitor of the matter in question and

    then the matter had been investigated and charge-sheet as

    such had been filed, which was a case as such pertaining to

    the provisions of the IPC including Sections 302, 364, 346,

    201 etc.

    44. Resultantly, the Apex Court while placing

    reliance upon the judgments in Vineet Narain vs. Union

    of India (1998) 1 SCC 226, Union of India vs. Sushl

    Kumar Modi (1998) 8 SCC 661, came to the conclusion

    that the whole purpose was to ensure proper and honest

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    2026:HHC:27509

    performance of the duty by the investigating agency and

    not to the merits of the accusation, which had to be

    .

    determined at the trial.

    45. Reference was also made to M. C. Mehta vs.

    Union of India (2007) 1 SCC 110, which was a Taj

    Corridor case, including the judgment in Jakia Nasim

    of
    Ahesan vs. State of Gujarat
    (2011) 12 SCC 302 and

    backed up the judgment in Narmada Bai vs. State of
    rt
    Gujarat (2011) 5 SCC 79, and resultantly, it was held that

    once the investigation is complete, it would not be proper

    for the Supreme Court to keep on monitoring the trial.

    46. The position remains the same herein since once

    the investigating agency has come to the valid conclusion

    that as discussed above, that the incident appears to be

    only an after thought or a dilatory tactics on account of the

    business disputes between the parties and having sought to

    be highlighted and the justification given does not suffer

    from any infirmity.

    47. Similarly, the FIR lodged by Mr. Sanjay Kundu is

    primarily on the count that the present complainant – Mr.

    Nishant Sharma apparently had circulated various e-mails

    against him and, thus, on account of him having at the

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    2026:HHC:27509

    instance of Mr. Keshav Dutt Shreedhar, having asked him to

    get touch with him, it was in such circumstances, there was

    .

    an umbrage on account of the high ranking police officer as

    to how e-mails were being circulated blaming him to call for

    settling the matter.

    48. It was in such circumstances, that the

    of
    investigating agency has also come to the conclusion that

    there was no such official responsibility or the complainant
    rt
    had not intruded into the professional duties of the police

    officer and, therefore, the investigating agency had come to

    the conclusion that the offences were only made out of

    Sections 499 and 500, for which the complaint would lie.

    49. In such circumstances, we do not find that the

    investigations as such in both the cases are conducted

    without any ulterior motive or have left any loose ends and

    the logical finding is apparently arrived prima facie, we,

    however, leave the said issue, in view of the observations

    made above that eventually it is for the Magistrate to go

    into the said issue and to either accept the Cancellation

    Report or take cognizance or order further investigation, if

    so required.

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    2026:HHC:27509

    50. Resultantly, we do not wish to further comment

    upon the matter and leaving the parties as such to agitate

    .

    for their right before the Court of competent jurisdiction,

    namely, the Magistrates, regarding the Cancellation Report

    submitted, if still aggrieved by the same.

    51. Keeping in view of the above, we are of the

    of
    considered opinion that no further orders are required in the

    matter which was initiated on the representation filed by
    rt
    the complainant and the proceedings are necessarily have

    to be dropped herein with liberty to give notice to

    complainant – Nishant Sharma. Mr. Sanjay Kundu is also free

    to file objections against the cancellation and it is open to

    him to file a complaint as such under the relevant

    provisions of law, otherwise.

    52. The proceedings are disposed of accordingly with

    the aforesaid liberty.

    
    
    
    
    
                                               (G. S. Sandhawalia)
                                                  Chief Justice
    
    
    
                                                   (Bipin C. Negi)
        8   th
                 July, 2026                            Judge
        (sanjeev)
    
    
    
    
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