WPCRL/1803/2019 on 15 October, 2019

[Cites 8, Cited by 0]

Uttarakhand High Court

WPCRL/1803/2019 on 15 October, 2019

Bench: Manoj K. Tiwari

WPCRL   No.1803 of 2019
with
WPCRL   No.1804 of 2019
with
WPCRL   No.1806 of 2019
with
WPCRL   No.1809 of 2019
with
WPCRL   No.1810 of 2019
with
WPCRL   No.1811 of 2019
with
WPCRL   No.1820 of 2019
with
WPCRL   No.1821 of 2019
Hon'ble Manoj K. Tiwari, J.

Mr. Aditya Singh, Advocate for the petitioner.

Mr. Pratiroop Pandey, Assistant Government Advocate for the State of Uttarakhand.

Heard learned counsel for the parties. By means of this writ petition, petitioner has sought following reliefs:

"(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. dated 26.3.2019 bearing No. 152 of 2019 Police Station Kashipur, District Udham Singh Nagar under Section 147, 188, 332, 353, 504 & 506 of I.P.C.

contained as Annexure no. 1 to the writ petition.

(ii) Issue an appropriate, writ order or direction to the respondent nos. 1 & 2 not to take any coercive action against the petitioner in pursuance to the impugned F.I.R. bearing No. 152 of 2019 Police Station Kashipur, District Udham Singh Nagar under Section 147, 188, 332, 353, 504 and 506 of I.P.C."

I have considered the submission advanced by learned counsel for the parties and have gone through the contents of the F.I.R. Contents of F.I.R. prima facie disclose commission of offence. In my opinion, it is not a fit case where the Court should interfere under Article 226 of the Constitution of India. It is for the Investigating Officer to investigate the matter and thereafter to file either the charge sheet or final report in the matter. The Hon'ble Apex Court, in the case of State of West Bengal. Vs. Swapna Kumar, 1982 (1) SCC 561, has held that if an offence is disclosed, Court will not normally interfere with the investigation into the case, and will permit investigation into the offence alleged to be completed. If the FIR, prima facie, discloses the commission of an offence, the Court does not normally stop the investigation, for, to do so would be to trench upon the lawful power of the police to investigate into cognizable offences. Consequently, the writ petition is dismissed.

The petitioner is directed to appear before the Court concerned on or before 21.10.2019. It is made clear that as soon as the petitioner appears before the Court below and moves bail application, the same shall be considered as far as possible on the same day itself on its merit. In case, bail application is deferred for any reasons (including its rejection), the concerned Magistrate shall forward the papers to the Sessions Court for deciding the bail application on the same day itself.

Petitioner shall be at liberty to seek benefit of Section 445 Cr.P.C.




                            (Manoj K. Tiwari, J.)
Arpan                            15.10.2019

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