Uttarakhand High Court
WPCRL/496/2022 on 24 March, 2022
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
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24.03.2022 WPCRL No. 496 of 2022
Hon'ble Alok Kumar Verma, J.
This Criminal Writ Petition has been filed under Article 226 of the Constitution of India to issue a writ of certiorari to quash the impugned First Information Report No.02 of 2022, registered with Revenue Police Chauki Bangaon, Dunda, District Uttarkhashi for the offence under Sections 147, 452, 323, 395, 504 and 506 of IPC; a writ of mandamus directing the respondent nos.1 and 2 not to arrest the petitioners in connection with the impugned First Information Report.
Heard Mr. Rajendra Dobhal, learned Senior Advocate assisted by Mr. Shubhang Dobhal, learned counsel for the petitioners and Mr. Rohit Dhyani, learned Brief Holder for the State.
The learned Senior Advocate appearing for the petitioners submitted that at this stage, he does not want to press the present petition in relation to the petitioner no.1, Sunil Singh. Therefore, the writ petition, filed in relation to the petitioner no.1, Sunil Singh, is dismissed.
The learned Senior Advocate further argued that Smt. Bhoori Devi @ Imla Devi, petitioner no.2, has also lodged an FIR against the respondent no.3 Smt. Jagdei. He further submitted that in the facts, disclosed in the First Information Report, the offence under Section 395 is not made out. The learned Senior Advocate further submitted that the petitioner no.2 Bhoori Devi @ Imla Devi, a woman, aged about 34 years, petitioner no.3 Suraj (minor), aged about 11 years, petitioner no.4 Smt. Bhaddu Devi, aged about 72 years and the petitioner no.5 Sheeshpal Singh Bisht, aged about 69 years, are implicated in this matter.
The learned counsel for the State requested four weeks' time to file counter affidavit.
Issue notice to the respondent no.3. Steps to be taken within a week.
At the request of the learned counsel appearing for both the parties, list this case on 22.04.2022. Till then, in the facts and circumstances of the case and after considering the submissions of learned counsel for the parties, it is directed that no coercive action shall be taken against the petitioner no.2 Bhoori Devi @ Imla Devi, petitioner no.3 Suraj (minor), petitioner no.4 Smt. Bhaddu Devi, and the petitioner no.5 Sheeshpal Singh Bisht, provided they will cooperate with the Investigating Agency in the investigation, they will be available for interrogation by the Investigating Agency and they will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case. It is clarified that no adjournment shall be granted on the demand of the petitioners on the date fixed. It is also clarified that if the petitioners misuse or violate any of the conditions, imposed upon them, the Investigating Officer will be free to move the Court for vacation of stay order.
(Alok Kumar Verma, J.) 24.03.2022 Pant/