WPCRL/960/2022
2022 Latest Caselaw 1556 UK

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                                      WPCRL No.960 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Xitiz Kaushik, Advocate for the petitioners.

Mr. Dinesh Chauhan, Brief Holder for the State of Uttarakhand.

The petitioners herein are accused for commission of offence under Section 420 I.P.C., which has been registered against them at P.S. Dharasu, District Uttarkashi, on 16.11.2021, which has been registered as Case Crime No.71 of 2021.

Apart from various factual aspects, the sole allegation, which has been referred to in the FIR, is that the petitioners were instrumental in extension of wrongful security of Rs.10,00,000/- for the purposes of procuring of work order and similarly the petitioner no.2 was alleged to have help in coordinating the process between petitioner and complainant. It has been averred in para 10 of the writ petition, that out of the total security. The allegations against the petitioner no.2, is that he was instrumental in organizing the meeting between the complainant and petitioner no.2.

In that view of the matter and coupled with the fact that the offence complaint of being under Section 420 I.P.C., it will fall to be within the parameters of the guidelines laid down by the Hon'ble Apex Court in the judgment reported in Arnesh Kumar vs. State of Bihar and Another (2014) 8 SCC 273, in that view of the matter subject to the condition that the petitioners render full cooperation with the Investigating Officer while conducting the investigation in pursuance to the aforesaid FIR, no coercive action would be taken against the petitioners.

However, it is made clear that in case, if there is any dereliction on part of the petitioners in avoiding to actively participate and render cooperation in the investigation carried by respondent no.2, it will be open for respondent no.2 to proceed against the petitioners in accordance with law.

Subject to the aforesaid the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 20.05.2022 Arti