Justice Sandeep Sharma, Himachal Pradesh High Court

While quashing an FIR registered against persons booked for being a member of a protest wherein teachers were assaulted, the Himachal Pradesh High Court has reiterated that mere presence at the crime scene would not ipso facto render a person member of the unlawful assembly to book him under Section 149 IPC.

The High Court was considering a Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking quashing of FIR registered under Sections 452, 353, 332, 143, 147, 149, 504 and 506 of Indian Penal Code, as well as the consequent proceedings pending in the competent Court of law.

The Single Bench of Justice Sandeep Sharma held, “It is well settled that mere presence at the crime scene would not ipso facto render a person member of the unlawful assembly to book him under Section 149 IPC. Liability would shift to the bystander only when he shared the common object with the unlawful assembly.”

Advocate Aman Parth Sharma represented the Petitioners while Additional Advocate General Rajan Kahol represented the Respondent.

Factual Background

The second respondent, who at the relevant time was working as an Officiating Principal at Government Senior Secondary School Khushinagar, Churah, District Chamba, made a complaint alleging that on July 29, 2017, pursuant to a complaint of sexual harassment of a female student lodged against one teacher, who was in Police custody, the public at large organized a protest march with hoardings in their hands. Slogans were raised asking the students to leave classes, which caused panic in the school premises. The complainant also alleged that some of the teachers were given beatings.

The Petitioners, on the instructions of the Sub-Divisional Magistrate, called teachers who were on leave. Teachers, namely Bhawani Sharma, Kesari Singh, Surinder Singh and Shyam Lal, reached the school premises, as per the directive of the Principal, but they were also given beatings. It was in such circumstances that the FIR sought to be quashed was lodged against several persons, including the petitioners.

Reasoning

The Bench took note of the fact that on account of the sexual assault of one school child, residents of the area had organised a protest march on the date of the alleged incident, and they all had gone towards Government Senior Secondary School Khushinagar, Churah, District Chamba. Some of the disgruntled elements, after having reached school premises, started creating ruckus, and they also allegedly gave beatings to the teachers. It was noticed that though the complainant attempted to pacify the protestors, they, in the presence of the Sub-Divisional Magistrate, Churah, demanded the summoning of those teachers who were on leave on that day.

It was the case of the petitioners that though they had gone in a protest march, they never gave beatings to any of the teachers; rather, they attempted to save the teachers. “Careful perusal of complaint, on the basis of which FIR came to be lodged, clearly reveals that petitioners, namely Dildar Ali Batt and Pavej Ali Batt, were seen standing next to Sub-Divisional Magistrate, Churah, by complainant, and as per complainant, both these persons attempted to save teachers from the beatings of persons in the mob. Documents adduced on record, i.e. MLCs, clearly reveal that teachers, namely Bhawani Sharma, Kesari Singh, Chatar Singh, and Asha Kumari specifically disclosed the name of person who had allegedly given them beatings”, the Bench stated.

Dealing with the participation in the protest march, the Bench noted nothing on record suggested that the petitioners, being members of the protest march, were aware of the intention and object of some members of giving beatings to staff and teachers of the school, wherein allegedly one student was sexually assaulted by a teacher.

The Bench further noted that though the material adduced on record revealed that petitioners were part of the protest march, they, immediately after having seen the behavior of the unruly mob, distanced themselves from the mob and started helping the staff and teacher who were allegedly given beatings by certain members of the mob, who were named in the complaint as well as statements made by the victims.

Thus, allowing the appeal, the Bench quashed the FIR. “Accused are acquitted of the charges framed against them”, it ordered.

Cause Title: Dildar Ali Batt and Others v. State of H.P. and Another (Neutral Citation: 2026:HHC:29698)

Appearance

Petitioner: Advocates Aman Parth Sharma, Rishabh Negi

Respondent: Additional Advocates General Rajan Kahol, Vishal Panwar, Deputy Advocates General Ravi Chauhan, Anish Banshtu

Click here to read/download Order