Authority: High Court of Himachal Pradesh, Shimla
Order Date: 08 July 2026
Case Overview
- Petitioner: Ashish Sharma; Respondents: Madhu Bahl & Team and the State.
- Petition (MMO No. 676 of 2025) sought setting aside the order dated 27‑05‑2025 of the Additional Sessions Judge (Forest), Shimla, which had upheld the trial court’s dismissal of a complaint under Cr.P.C. Sec 156(3) and IPC §§ 379, 406, 420, 468, 471, 120B read with 34.
- The complaint alleged that the accused, a manager at Dayanand Public School, The Mall, Shimla, had stolen the school’s letter‑pad and used it to issue a memorandum, constituting theft and forgery.
- The trial court held that no theft could be inferred as the school authorities had not taken action and the use of the letter‑pad was not illegal; the revision court affirmed this view.
- The petitioner argued that the letter‑pad was in the principal’s custody and that its use demonstrated theft; the State, represented by Deputy Advocate General Tarun Pathak, made no submissions.
Final Outcome
- The High Court held that no law or regulation prohibits the use of the school’s letter‑head and that no complaint was lodged by the school, therefore the lower courts’ orders were correct.
- The petition was dismissed with costs of ₹10,000 to be deposited in the Chief Justice Disaster Relief Fund within four weeks, with recovery measures for non‑payment.
- The Court noted that the petitioner’s allegation of corruption against the judicial officers amounted to criminal contempt and directed that the matter be placed before the appropriate bench for action.
Topics: Legal Proceedings, Court Order