WPCRL/1536/2022 of DEEPU Vs STATE OF UTTARAKHAND

Court: Uttarakhand High Court
Decision date: 2022-08-17
Case number: 382 of 2022

Parties

WPCRL/1536/2022 of DEEPU (PETITIONER)
State of Bihar and_ _another_, reported in(2014) 8 SCC 273 ,as punishmentforallthe alleged offencesisless (RESPONDENT)

Cites (0 resolved of 1 detected)

1 case citation detected in this judgment's own text, but none resolved to a judgment page in this build yet.

Statutes cited (3)

constitution of india, article-226 (1950)
indian penal code (1860)
constitution of india (1950)

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|**SL.** **No**|**Date**|**Office Notes,** **reports, orders** **or proceedings** **or directions and** **Registrar’s order** **with Signatures**||**COURT’S OR JUDGES’S ORDERS**|
|---|---|---|---|---|
|||||**W PCRL 1 5 3 6 / 2 0 2 2** **Hon’ble Man oj Ku m ar Tiw ar i, J.** Mr. Dharmendra Barthwal, Advocate, i/ Mr. Sharang Dhulia, Advocate for the petitioners. Mr. J.S. Virk, Deputy Advocate General, for the State. By means of this writ petition, petitioners have sought quashing of FIR No. 382 of 2022, under Sections 147, 148, 323, 452, 504, 506 IPC, registered at PS Bajpur, District Udham Singh Nagar. Further prayer has been made for direction to the police authorities not to arrest petitioners pursuant to the impugned FIR. Respondent no. 3 lodged the impugned FIR with the allegations that on 27.7.2022, petitioners forcibly entered in his house and assaulted him, his nephew and other family members with lathis, dandas and sword. In the incident, complainant suffered fracture in his left hand. However, when people of the vicinity started gathering at the spot, accused persons fled away from the scene holding out threat to the complainant and his family members. On the next day i.e. 28.7.2022, petitioners/ accused armed with lathis, dandas and patal again assembled outside complainant’s house and assaulted his family members. Learned Counsel for the petitioners does not press the writ petition on merits and confines his prayer only to the extent that the Investigation Officer be directed to follow the guidelines laid down by the Hon’ble Apex Court in_Arnesh Kumar vs. State of Bihar and_ _another_, reported in(2014) 8 SCC 273 ,as punishmentforallthe alleged offencesisless|

|than seven years.|
|---|
|Learned State Counsel does not dispute|
|the above prayer.|
|Even otherwise also, FIR discloses|
|cognizable offence and questions of fact are|
|involved, which cannot be examined by this|
|Court in proceedings under Article 226 of the|
|Constitution of India. Therefore, in view of the|
|parameters laid down by Hon’ble Supreme|
|Court in the case of _M/ s_ _Neeharika_|
|_Infrastructure Pvt. Ltd. v. State of Maharashtra_|
|_& others_, reported inAIR 2021 SC 1918 ,no|
|case for interference is made out.|
|Consequently, writ petition is|
|dismissed. However, since offences are|
|punishable with imprisonment of less than|
|seven years, therefore this Court hopes and|
|expects that the Investigation Officer shall|
|follow the procedure laid down by Hon’ble|
|Supreme Court in_Arnesh Kumar vs. State of_|
|_Bihar and another_, reported in(2014) 8 SCC|
|273 . Petitioners are directed to extend full|
|cooperation in the investigation and appear|
|before the Investigation Officer on 23rdAugust,|
|2022 and thereafter as and when called by the|
|I.O. **( Man oj Ku m ar Tiw ar i, J.)** **1 7 .8 .2 0 2 2** Pr|