Uttarakhand High Court
Harshwardhan Sharma & Others vs State Of Uttarakhand & Others on 2 August, 2014
Author: U.C. Dhyani
Bench: U.C. Dhyani
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Criminal No. 672 of 2014
Harshwardhan Sharma & others ............. Petitioners
versus
State of Uttarakhand & others ............. Respondents
Mrs. Pushpa Joshi, Sr. Advocate assisted by Mr. Saurav Adhikari,
Advocate for the petitioners.
Mr. D.K. Sharma, Addl. Advocate General with Mr. K.S. Rawal,
Brief Holder for the State / respondents no. 1 and 2.
Ms. T.A. Khan, Sr. Advocate assisted by Mr. Aditya Kumar Arya,
Advocate for respondent no. 3.
U.C. Dhyani, J.(Oral)
Heard learned counsel for the petitioners and respondents at length.
An FIR was lodged by respondent no. 3 against the petitioners for the offences punishable under Sections 420, 467, 468, 471, 120B of IPC. It is stated in the FIR, among other things, that Mr. Narain Dutt Tiwari is the National President of Jawahar Lal Nehru National Youth Center. Informant is deputed to look after the security of the Youth Center at Haridwar. Kamla Kant Joshi is the Secretary of the Center since 2008. In February 2014, petitioner no. 1 alongwith his companions, tried to take forcible possession of the Center. Petitioner no. 1 presented a letter purportedly written by Mr. Narain Dutt Tiwari, the national President, and trespassed into the Center. An emergency meeting of the Jawahar Lal Nehru National Youth Center was convened on 17.02.2014. A letter 2 was sent to District Magistrate and Sr. Superintendent of Police on 17.02.2014 in this regard. Mr. Narain Dutt Tiwari never issued any letter in favour of petitioner no.
1. Petitioner no. 1 has prepared such forged letter.
The dispute is pending adjudication before Civil Judge (Sr. Div.), Haridwar. Original Suit no. 47 of 2014 was filed by its President, Smt. Deepa Joshi, against petitioner no. 1 for permanent prohibitory injunction. A prayer was made in the said original suit that the defendant Harshwardhan Sharma (petitioner no. 1 herein) be restrained from interfering in the property of Jawahar Lal Nehru National Youth Center, Jwalapur, on the basis of letter dated 08.02.2014 (purportedly written by Mr. Narain Dutt Tiwari, the National President of the Center). It is the statement of learned counsel for the petitioners that no temporary injunction was granted to the plaintiff in the said civil suit.
The Court was taken through all the documents on record by learned counsel for respondent no. 3.
It is the contention of learned counsel for the petitioners that, regarding same incident, an application under Section 156(3) of Cr.P.C. was filed by one Kamla Kant Joshi, husband of Deepa Joshi, which application was dismissed by the trial court. It is also the contention of learned counsel for the petitioners that, on 3 the basis of same facts, present FIR was lodged against the petitioners.
Having heard learned counsel for the parties and after perusing the documents on record, it is provided that the petitioners shall contact the Investigating Officer of the case on 09.08.2014, and on such subsequent dates, as may be instructed by the I.O. It is further provided, as an interim measure, that no coercive means shall be adopted against the petitioners during the course of interrogation and investigation, so long as they cooperate with the Investigation Agency. This interim order shall be valid only till the next date of listing.
Learned Addl. Advocate General is also requested to apprise the Court about the current status of investigation on the next date fixed in this case, which will be 23.08.2014.
Stay application no. 6284 of 2014 stands disposed of accordingly.
(U.C. Dhyani, J.) Dt. August 02, 2014.
Negi