WPCRL/1111/2021 on 19 July, 2021

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Uttarakhand High Court

WPCRL/1111/2021 on 19 July, 2021

Bench: N.S. Dhanik

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                         COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                  WPCRL 1111/2021
                                  Hon'ble N.S. Dhanik, J.

Mr. Aditya Pratap Singh, Advocate, for the petitioner.

Ms. Mamta Joshi, Brief Holder, for the State.

Mr. Bharat Singh, Advocate, for the complainant.

This is undisputed that the impugned FIR has been filed after two and half years of the alleged incident. It is also undisputed that the present petitioner had lodged an FIR against the complainant (respondent no. 3) and her husband, who were sent to the judicial custody in connection with that FIR and after their release from the jail after bail, respondent no. 3 lodged a complaint under Section 156(3) CrPC and pursuant thereto the impugned FIR was registered against the petitioner.

Learned Counsel for the petitioner would submit that the alleged occurrence is two and half years old and no date or place of incident has been stated in the impugned FIR and that the petitioner after receiving extortion call from the complainant and her gang, had lodged a report against them along with the audio clip of the phone call. Learned Counsel for the petitioner would submit that the impugned FIR has been lodged as a vengeance and with ulterior motive and as a counter blast to the report lodged by the petitioner and the same is against the proposition of law propounded by the Hon'ble Apex Court in State of Haryana v. Bhajan Lal, 1992 Suppl. (1) SCC 335, wherein while discussing the scope of Section 482 CrPC and Article 226 of the Constitution of India, the Hon'ble Apex Court observed that powers under the same must be exercised where a criminal proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused.

At the request of learned Counsel for the opposite parties, list after three weeks.

Meanwhile, respondent no. 3 may file counter affidavit and the learned State Counsel shall seek instructions.

Till the next date of listing, no coercive step shall be taken against the petitioner pursuant to the impugned FIR No. 0260/2021, under Sections 376(2)(n), 506, 509 IPC, PS Bahadrabad, District Haridwar. Petitioner is directed to cooperate in the investigation.

(N.S. Dhanik, J.) 19.7.2021 Pr

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