Gurmeet Singh & Others ... vs State Of Uttarakhand And Others
2022 Latest Caselaw 3708 UK

                                             1




        IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL

            Writ Petition (Criminal) No. 2044 of 2022


Gurmeet Singh & Others                                         ..................Petitioners

                                           -Versus-

State of Uttarakhand and Others                                  .............Respondents

Present: Mr. Amar Murti Shukla, learned counsel for the petitioners.
         Mr. J. S. Virk, learned Deputy Advocate General for the State.
         Mr. Sanjay Bhatt, learned counsel for the caveator.


                 Date of Hearing and Order: 21.11.2022

Shri Sanjaya Kumar Mishra, J.

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

1. By filing this writ petition, the petitioners have prayed

for the following reliefs:-

a. Issue a writ, order or direction in the nature of

Certiorari quashing of F.I.R. No. 253/2022, U/s 147,

148, 149, 323, 452, 504 & 506 IPC, P.S. Nanakmatta,

District - Udham Singh Nagar lodged by the

respondent no. 3 against the Petitioner no.

31.10.2022 (Annexure No. 1 to the writ petition).

b. Issue any other appropriate order or direction as the

Hon'ble Court thinks fit and proper.

c. To award the cost to the petitioner.

2. However, the contents of the F.I.R. reveal that a prima

facie case against all the petitioners is made out.

Petitioner Nos. 3 and 4 were arrested by the

Investigating Officer as it was alleged by the

complainant - respondent no. 3 that they threatened

him. It is also submitted by the learned counsel for the

petitioners that they have been released on bail by the

learned Magistrate in seisin of the matter.

3. At present, the learned counsel for the petitioners would

submit that if this Court is not inclined to admit the

case for quashing the F.I.R., then appropriate order may

be passed disposing the case in terms of the

observations made by the Hon'ble Supreme Court in the

case of "Satender Kumar Antil Vs. Central Bureau of

Investigation and Another, 2022 SCC OnLine SC 825.

4. In the aforesaid judgment, the Hon'ble Supreme Court

has categorized the offences in four categories :-

The Category (A) provides for offences punishable with

imprisonment of 7 years or less, not falling in category B

& D.

The Category (B) provides for offences punishable with

death, imprisonment for life, or imprisonment for more

than 7 years.

The Category (D) classifies Economic offences not

covered by Special Acts.

5. Admittedly, this is not an offence involving Economic

offences nor it is covered by any of the Special Act like

NDPS, PMLA, UAPA, Companies Act, etc.

6. The learned counsel for the State would further submit

that in the State of Uttarakhand generally, the

Investigating Agency is following the principles laid down

by the Hon'ble Supreme Court in the case of "Arnesh

Kumar vs. State of Bihar (2014) 8 SCC 273" interpreting

the Sections 41 and 41-A of the Code of Criminal

Procedure, 1973, there is no need to pass repeated

order.

7. In that view of the matter, the writ petition is disposed of

giving liberty to the petitioners to surrender before the

Jurisdictional Magistrate within two weeks, hence, by

producing of certified copy of this order and shall pray

for bail, which shall be considered by the learned

Magistrate on the same day, keeping in view of the

principles referred to above and the principles of Parity.

(Sanjaya Kumar Mishra, J.) 21.11.2022 (Grant urgent certified copy of this order, as per Rules) A/-