WPCRL/948/2022
2022 Latest Caselaw 1558 UK

                   Office Notes, reports, orders
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          Date                                                      COURT'S OR JUDGES'S ORDERS
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      20.05.2022
                                                   WPCRL No. 948 of 2022
                                                   Hon'ble Sharad Kumar Sharma, J.

Mr. B.S. Bhandari, Advocate, for the petitioners.

Mr. V.K. Gemini, Deputy Advocate General, for the State.

The petitioners, who are two in numbers, they are shown to be accused for commission of offences under Sections 323, 504 & 506 of IPC, which has been registered at P.S. Vanbhoolpura, district Nainital.

The contention of the learned counsel for the petitioners is that looking to the nature of the offences, which have been complained of and the role, which has been assigned to them for commission of offences, as narrated in the FIR, which is registered against them on 03.04.2022, the same would fall to be well within the ambit of the parameters of the principles laid down by the judgment of Arnesh Kumar Vs. State of Bihar and Another, as reported in 2014 (8) SCC 273.

This writ petition is being disposed of with the directions, that respondent No. 2, will not resort to any coercive measures against the petitioners, as a consequence of the registration of the FIR dated 03.04.2022, subject to the condition, that the petitioners render full cooperation to the Investigating Officer, while carrying investigation as a consequence of registration of the said FIR.

However, it is clarified that if there is any dereliction on part of the petitioners in rendering cooperation in the investigation, it will be open for the respondent No. 2, to proceed to take an action against the petitioners as per law.

Subject to the aforesaid, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) 20.05.2022 Mahinder/