Uttarakhand High Court
WPCRL/1747/2018 on 18 September, 2018
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
WPCRL No. 1747 of 2018 Hon'ble Sharad Kumar Sharma, J.
Mr. Siddhartha Singh, Advocate for the petitioners.
Mrs. Manisha Rana Singh, A.G.A. for the State of Uttarakhand accepts notice on behalf of respondent Nos. 1 and 2.
Issue notice to respondent No. 3 by registered post acknowledgment due. Steps to be taken within a week.
The respondents may file their counter affidavits within a period of three weeks.
List after three weeks.
This Criminal Writ Petition is a consequence of counterblast to the F.I.R. lodged by the petitioners, being F.I.R. No. 468 of 2018, under Sections 147, 148, 307, 452, 504, 506 and 323 I.P.C., lodged at Police Station Pathri, District Haridwar at 11:00 A.M. In the said case, the accused persons are son of the complainant/ respondent No.3 herein. As a consequence of the said incident reported in the F.I.R., the same was lodged on 09.09.2018 at 11:00 A.M. The medical report shows that there have been firearm injuries on the body of Israr. Learned counsel for the petitioners submits that F.I.R. No. 469 of 2018 by respondent No.3 is an afterthought, lodged belatedly on 09.09.2018 at 7:30 P.M. just to overshadow the effect of the F.I.R. lodged earlier by the petitioner.
Looking to the allegation levelled in the F.I.R., though petitioner Nos. 1 and 2 are shown to be equipped with Tamancha, but, considering the medical report, annexure No.7 to the writ petition, there is no such injuries caused on the vital part of the body which could be said to be serious enough to attract Section 307 of the I.P.C.
There would be an interim order, subject to the condition that if the petitioners cooperate with the Investigating Agency in the investigation of the case, the police shall not take any coercive steps for the arrest of petitioners for their alleged involvement in Case Crime No. 469 of 2018, under Sections 147, 148, 307, 452, 504, 506 and 323 of the I.P.C., registered at Police Station Pathri, District Haridwar, till the next date of listing.
However, it is made clear that in case if there is any dereliction on the part of the petitioners in creating any impediment in the investigation or not cooperating in the investigation, it would be open for the respondent No. 2 to take appropriate action as permissible under law.
(Sharad Kumar Sharma, J.) Dated 18.09.2018 Shiv