Manoranjan Sarkar vs State Of Uttarakhand And Others on 17 October, 2022

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Uttarakhand High Court

Manoranjan Sarkar vs State Of Uttarakhand And Others on 17 October, 2022

Bench: Sanjaya Kumar Mishra

                                          1




        IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL

           Writ Petition (Criminal) No. 1917 of 2022


Manoranjan Sarkar                                          ..................Petitioner

                                        -Versus-

State of Uttarakhand and others                              .............Respondents
Present: Mr. M. K. Ray, learned counsel for the petitioner.
         Mr. J.S. Virk, learned Deputy Advocate General with Mr. Sachin Panwar, learned Brief
         Holder for the State of Uttarakhand.


                Date of Hearing and Order: 17.10.2022

Coram:-
Hon'ble Sanjaya Kumar Mishra, J.

Upon hearing the learned counsel for the parties, the Court has made the following order:

1. 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 22.09.2022, being F.I.R. No. 159/2022, U/s 420 IPC, lodged at P.S. Dineshpur, District - Udham Singh Nagar (Annexure No. 3 to this writ petition).

ii. To direct the respondent no. 2 to follow the mandatory guidelines provided U/s 41A Cr.P.C. 2 iii. Issue any other order or direction which this Hon'ble Court may deem fit and proper under the circumstances of present case.

iv. To allow the writ petition and award the cost of it in favour of the petitioner.

2. Upon instructions, the learned Deputy Advocate General for the State submits that the intending purchaser namely Udhaybhan has yet not been examined by the Investigating Officer. However, it is clear that the complainant alleges that in 2011, the petitioner has sold a piece of land to him. Now, he has entered into an agreement to sell the same land to one Udhaybhan.

3. Thus, a prima facie case under Section 420 of I.P.C. is definitely made out, and, therefore, the F.I.R. cannot be quashed nipping the investigation in the bud. This Court finds no merits in entertaining the writ petition.

4. It is furthermore prayed by the petitioner that appropriate directions may be passed directing the Investigating Officer to follow the mandate of law and 3 enshrined under Section 41 and 41A of the Code and the ratio decided by the Hon'ble Supreme Court in the case of "Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273". It is not necessary to give repeated directions on that aspect. We hope and trust, police shall follow the guidelines as laid down by the Hon'ble Supreme Court in the above case.

5. With such observations, the writ petition is disposed of.

(Sanjaya Kumar Mishra, J.) 17.10.2022 (Grant urgent certified copy of this order, as per Rules) A/-

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