WPCRL/945/2022
2022 Latest Caselaw 1559 UK

                     Office Notes, reports,
SL.                 orders or proceedings or
          Date                                                COURT'S OR JUDGES'S ORDERS
No                 directions and Registrar's
                     order with Signatures


      20.05.2022
                                                WPCRL No. 945 of 2022
                                                Hon'ble Sharad Kumar Sharma, J.

Mr. K.K. Harbola, Advocate, for the petitioners.

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

The petitioners to the present criminal writ petition, are shown to be the accused, for their alleged involvement in commission of the offences under Sections 323, 504, 506 and 427 of IPC, which has been registered at Police Station, Tanakpur, District Champawat on 23.04.2022.

The petitioners have preferred this writ petition, seeking quashing of the FIR, being FIR No. 53/2022, and coupled with the fact, that the argument as extended by the learned counsel for the petitioner, that the set of allegations, which have been levelled against the petitioners, pertain to the offences, which fall to be within the ambit of the parameters, laid down by the judgment of Arnesh Kumar Vs. State of Bihar and another, as reported in 2014 (8) SCC 273, coupled with the fact that there is already a civil proceedings, which is pending consideration before the Court of Civil Judge (Senior Division), Champawat, by way of Civil Case No. 15 of 2022.

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 23.04.2022, 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/