Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 5, Cited by 0]

Uttarakhand High Court

WPCRL/2221/2022 on 1 December, 2022

Author: S.K. Mishra

Bench: S.K. 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. 2221 of 2022
                             Hon'ble S.K. Mishra, J.

Mr. Gaurav Singh, learned counsel for the petitioner.

Mr. J.S. Virk, learned Deputy Advocate General for the State.

By filing this writ petition, the petitioner has prayed for quashing of the FIR No. 542 of 2022 for the offence punishable under Sections 323, 504, 506 and 452 of the IPC. He has also prayed for a direction to the respondents to comply the provisions contained under Section 41-A of the Cr.P.C., 1973.

On perusal of the FIR, it reveals that a prima-facie case is made out against the petitioner so it is not a fit case for quashing of the FIR. The investigation shall go on for the FIR No. 542 of 2022 for the offence punishable under Sections 323, 504, 506 and 452 of IPC, registered at Police Station Pathri, District Haridwar.

As far as third prayer of the writ petition is concerned, once the Hon'ble Supreme Court in the case of Arnesh Kumar has given specific direction, there is no need to give further direction.

Hence, the writ petition is dismissed.

(S.K. Mishra, J.) 01.12.2022 (Grant urgent certified copy as per Rules) Pooja