Uttarakhand High Court
Vashu And Others ... vs State Of Uttarakhand & Others on 24 September, 2022
Author: Sanjaya Kumar Mishra
Bench: Sanjaya Kumar Mishra
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IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition (Criminal) No. 771 of 2022
Vashu and others ..................Petitioners
-Versus-
State of Uttarakhand & Others ..............Respondents
With
Writ Petition (Criminal) No. 759 of 2022
Vinod Kumar ..................Petitioner
-Versus-
State of Uttarakhand & Others ..............Respondents
And
Writ Petition (Criminal) No. 795 of 2022
Aakash Sharma ..................Petitioner
-Versus-
State of Uttarakhand & Others ..............Respondents
Present: Mr. Shashi Kant Shandilya, learned counsel for the petitioners in WPCRL No. 771/ 2022.
Mr. Dinesh Chauhan, learned Brief Holder for the State of Uttarakhand.
Mrs. Pushpa Joshi, learned Senior Counsel assisted by Ms. Chetna Latwal, learned
counsel for the caveator.
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Date of Hearing and Order: 24.09.2022
Sri Sanjaya Kumar Mishra, J.
Upon hearing the learned counsel for the parties, the Court has passed the following order:-
1. By filing this writ petition, the petitioners have prayed for the following reliefs:-
a. Issue a writ, order direction in the nature of Certiorari to quash the impugned F.I.R. No. 146 of 2022, under Section 120, 420, 467, 468 and 471 of I.P.C., P.S. Kotwali Haridwar, District - Haridwar dated 20.04.2022 (contained as Annexure No. 1) lodged against the petitioners.
b. A writ, order or direction in the nature of Mandamus commanding the respondent no. 1 and 2 not to harass and arrest the petitioners in view of the impugned FIR till the collection of credible evidence against the petitioners or till the filing of the report submitted u/s 173 of Cr.P.C.
c. To pass a suitable writ, order or direction in favour of the petitioners, which this Hon'ble Court may deem fit 3 and proper in the facts and circumstances of the present case.
2. It is admitted that the petitioners are not members of the Trust Board, which are managing the F.I.Rs., Sevapuja etc. of "Maa Mansa Devi Temple" situated in Haridwar. However, the petitioners by creating a Trust, named and styled "Shri Maa Mansa Devi Temple Dharmarth Trust" has started managing the affairs of the said temple.
3. Therefore, the respondent no. 3 filed an F.I.R. against them and F.I.R. has been registered under Sections 120, 420, 467, 468 and 471 of the Indian Penal Code, 1860, (hereinafter referred to as "the Penal Code" for brevity).
4. Learned counsel for the petitioners would submit that the offence under Sections 120, 420, 467, 468 and 471 of the Penal Code are not made out. However, the Trust has been created with oblique motive of taking over possession of "Maa Mansa Devi Temple", and therefore, this Court is of the opinion that by fraudulent means, the petitioners are trying to grab the property as well as 4 the temple of Maa Mansa Devi, which is a very renowned temple of Uttarakhand.
5. In that view of the matter, this Court is not inclined to interfere in this matter, accordingly, the writ petition is dismissed being devoid of merits.
(Sanjaya Kumar Mishra, J.) 24.09.2022 (Grant urgent certified copy of this order, as per Rules) A/-