In a setback to the state government, the Himachal Pradesh High Court today quashed a case registered by it against state cricket chief and BJP MP Anurag Thakur and its secretary for allegedly encroaching land for construction of a stadium.
It also set aside the charge sheet framed by the Chief Judicial Magistrate, Dharamsala, against Thakur, who is also president of the Board of Control for Cricket in India.
"The FIR number 57 of 2014 registered under section 447/34 of IPC at police station Dharamsala is quashed, including the challan and charge sheet framed by Chief Judicial Magistrate.
"The summons dated November 17 and November 21, 2015 in the land encroachment case and pending applications, if any, shall also stand disposed," a single bench headed by Justice Rajeev Sharma said in an order on the appeal filed by Thakur.
"It has been stated in the FIR and challan that HPCA had illegally encroached upon the land of Education Department by raising construction of the stadium on some part and also raising boundary wall on it.
"But there is neither any averment in the FIR nor in the challan/charge sheet that the office bearers of HPCA have entered the property in possession of the Education Department with intent to commit an offence or to intimidate, insult or annoy or having entered such property unlawfully, remained there with intent to intimidate, insult or annoy any such person," the order said.
"Further, the names of the persons who have been humiliated, intimidated or annoyed have not been mentioned and what has been said is that HPCA, Dharamshala, has encroached up on the government land. Thus, the essential ingredients of offence under Section 447 IPC are missing," it said.
