Observing that the FIR should have preceded the investigations, the high court also asked the police to provide security to the complainant.
The matter came up for hearing in the court on Thursday and Advocate General Anup Rattan assured that an FIR would be filed on the basis of complaint of Nishant Sharma. The court appointed senior advocate Neeraj Gupta as amicus curiae.
The orders came in the wake of a status report filed on the complaint by Kangra and Shimla SPs following suo motu notice taken by the court November 10.
The court also questioned the reason why the FIR was not filed and after reply of the advocate general that facts of the complaint were being verified, the court in oral observation said that the FIR should be filed first and the next status report in the case would be submitted on Wednesday (November 22), Rattan said.
The Supreme Court had said that a complaint should be immediately registered as an FIR and investigations should follow, Rattan said.
Businessman Sharma, in his complaint to the Shimla SP, had alleged threat to him, his family members and property from his partners and cited an incident of "brutal attack" on him in Gurugram on August 25, saying two influential people of Himachal Pradesh, including a former IPS officer, were identified in the CCTV footage.
"I came to Palampur in Kangra district after the attack but the DGP called me up from his official number and forced me to come to Shimla, and on the same day two criminals stop me at Mcleodganj in Dharamshala and threaten to harm my two-and-half-year-old kid and wife," he alleged.
"I drove to the house of the Superintendent of Police, Kangra, at Dharamshala and narrated the plight to her and gave her my complaint but nothing has been done so far," he alleged.
After a case had been registered against him, he demanded an independent and unbiased investigation and lodging of an FIR, including against the DGP.
"This is the only way you would be able to apprehend this whole gang of extortionists," he had stated.
Welcoming the decision of the High Court, Director General of Police (DGP) Sanjay Kundu told PTI that the allegations are false and investigations would bring out the truth.
Earlier, a case of defamation was registered against Sharma on the complaint of Director General of Police (DGP) for harming his reputation and attempting to malign his image.
In his complaint, the DGP had maintained that Sharma had on October 29 sent him an email to on his official ID, with copies to other officials in which he made "false allegations" with intentions to harm his reputation and tarnish his image.
An FIR was registered against the businessman under the relevant section of the IPC for making false charges and defamation.
The DGP had stated that he had filed a criminal complaint against Sharma and would also file a civil suit of defamation against the businessman. He had claimed that the businessman had levelled false allegations against him and several other "renowned people."
The High Court said that both the cases, against the businessman and the DGP, should be investigated fairly.