Uttarakhand High Court
WPCRL/2272/2022 on 7 December, 2022
Author: Sanjaya Kumar Mishra
Bench: Sanjaya Kumar Mishra
SL. Office Notes,
No. Date reports, orders or COURT'S OR JUDGE'S ORDERS
proceedings or
directions and
Registrar's order
with Signatures
WPCRL No. 2272 of 2022
Shri Sanjaya Kumar Mishra, J.
Mr. Mohd Safdar, learned counsel for the petitioner.
Mr. Dinesh Chauhan, learned Brief Holder for the State.
By filing this writ petition, the petitioner has prayed for the following reliefs:-
i. Issue a writ, order or direction in the nature of Certiorari quashing the impugned F.I.R. dated 18.11.2022 registered as Case Crime No. 665 of 2022 under Section 380 of I.P.C., P.S. Pathri, District - Haridwar. ii. Issue a writ, order or direction in the nature of Mandamus commanding the respondents not to arrest the petitioner in Case Crime No. 665 of 2022 under Section 380 of I.P.C., P.S. Pathri, District - Haridwar till the pendency of present petition.
iii. Issue any other order or direction, which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
iv. To award cost throughout to the petitioner.
The learned counsel for the petitioner would submit that the only on the basis of statement of the persons, who have not been named in the F.I.R., the petitioner has been implicated in the case and is being investigated. True it is that a confessional statement or statement made by the co-accused is a very weak piece of evidence but that itself is not a ground for quashing of the F.I.R., once a clue is available to the Investigating Agency to proceed in a particular line against the petitioner, then also the Investigating Agency has a right to investigate into the case and determine the complicity of the person named therein. Hence this Court is of the opinion that there is no merit in the case, and therefore, the writ petition is dismissed.
(Sanjaya Kumar Mishra, J.) 07.12.2022 (Grant urgent certified copy of this order, as per Rules) A/-