WPCRL/958/2022
2022 Latest Caselaw 1557 UK

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                                      WPCRL No.958 of 2022
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. B.S. Negi, Advocate for the petitioner. Mr. Dinesh Chauhan, Brief Holder for the State of Uttarakhand.

The petitioner herein is alleged to be an accused for commission of offence under Section 420 IPC as registered against him on 09.03.2022 at P.S. Nachani, District Pithoragarh by way of an FIR No.07 of 2022.

The set of allegations which had been levelled in the FIR is that the notarized NOC, which was filed by the petitioner was a forged document and hence on the basis of which, whatsoever transaction had taken place will engage a prosecution of the petitioner under Section 420 of I.P.C.

Considering the fact that the offence under Section 420 I.P.C. and the sentence which could be imposed, upon on the culmination of the trial will fall to be within the parameters of the judgment reported in Arnesh Kumar vs. State of Bihar and Another (2014) 8 SCC 273, this writ petition is being disposed of with a direction to respondent no.2 not to resort to any coercive measures against the petitioner for his alleged involvement in the aforesaid offence said to have been committed under Section 420 I.P.C. during the course of investigation subject to the condition that the petitioner cooperates with the investigation.

However, it is made clear that in case, if there is any dereliction on part of the petitioner 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 petitioner in accordance with law.

Subject to the aforesaid the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 20.05.2022 Arti