Uttarakhand High Court
Baldev Singh & Others vs State Of Uttarakhand & Others on 28 March, 2014
Author: U.C. Dhyani
Bench: U.C. Dhyani
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Criminal No. 297 of 2014
Baldev Singh & others ............. Petitioners
versus
State of Uttarakhand & others ............. Respondents
Mr. Hemant Singh Mahra, Advocate for the petitioners. Mr. Hari Om Bhakuni, AGA with Ms. Rakesh Kunwar, Brief Holder for the State / respondent Nos. 1 and 2.
Mr. S.R.S. Gill, Advocate for respondent no. 3.
U.C. Dhyani, J. (oral) An FIR for the offences punishable under Sections 420, 467, 468, 471, 120B of IPC was lodged against the present petitioners. The allegation against the petitioners, in a nutshell, is that the Management of the Society was taken over by them by forging some papers, including the signatures of the complainant.
Learned counsel for the complainant (respondent no. 3 herein) vehemently opposed interim protection application of the petitioners on the ground, inter alia, that such cheating and forgery was committed by the petitioners in the past also and they are facing criminal trial in one case. Whereas learned counsel for complainant submitted that a case of assault was also instituted against the petitioners and there are habitual offenders, it is the contention of learned counsel for the petitioners that present FIR was filed against the petitioners because of internal feud between the office bearers of the Society.
2Learned counsel for the complainant made it clear that no application for de-registration of the Society was moved before the Registrar, Chits, Firms and Societies.
Having considered the arguments of learned counsel for the parties, it is provided, as an interim measure, that the petitioners shall contact the I.O. of the case on 02.04.2014, and on such subsequent dates as may be instructed by him. It is hoped and expected that the investigation of the case shall be completed without unnecessary delay.
It is further provided that no coercive measures shall be taken against the petitioners during the course of interrogation and investigation, provided they cooperate with the Investigating Agency. In case, petitioners do not cooperate in the investigation, it will be open to the respondents to move an application for discontinuation of the present interim protection order.
This order shall be valid only till the next date of listing, which will be 04 weeks hence. Counter affidavits may be filed by then.
CLMA no. 2523 of 2014 stands disposed of.
(U.C. Dhyani, J.) Dt. March 28, 2014.
Negi