Rohit Bohra vs State Of Uttarakhand And Others
2023 Latest Caselaw 2171 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.1122 of 2023
Rohit Bohra                                             ....Petitioner

                                Versus

State of Uttarakhand and Others                      ....Respondents

Present:-
             Mr. R.C. Tamta, Advocate for the petitioner.
             Mr. Lalit Miglani, A.G.A. with Ms. Sangeeta Bhardwaj, Brief
             Holder for the State.


                             JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks quashing of FIR No.0335 of

2022, dated 04.08.2023, under Section 394 IPC, Police

Station Khatima, District Udham Singh Nagar, with related

reliefs.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, on 03.08.2023, the

petitioner along with others attacked the respondent no.3, the

informant. A chain and some cash were also looted from him.

4. Learned counsel for the petitioner would submit

that it is a case of simple marpeet; the chain and money both

were missing at the spot that have been handed over to the

informant; it is false case under Section 394 IPC.

5. It is a writ petition under Article 226 of the

Constitution of India. In case, the FIR discloses commission of

offence, generally, no interference is warranted unless there

are compelling circumstances to do so.

6. In the instant case, there are categorical

allegations against the petitioner that it is he, who assaulted

the informant even with brick and looted the articles. The FIR

discloses commission of offences. What is its truthfulness or

credibility, it would fall for scrutiny during investigation or

trial, as the case may be. This is not a case, which may

warrant any interference by this Court. Accordingly, the

petition deserves to be dismissed at the stage of admission

itself.

7. The petition is dismissed in limine.

(Ravindra Maithani, J.) 09.08.2023 Ravi Bisht