WPCRL/1180/2023
2023 Latest Caselaw 2354 UK

                    Office Notes, reports,
                   orders or proceedings or
SL.
         Date           directions and                   COURT'S OR JUDGES'S ORDERS
No
                    Registrar's order with
                          Signatures
      21.08.2023                              WPCRL No. 1180 of 2023
                                              Hon'ble Sharad Kumar Sharma, J.

Mr. Rajat Mittal and Mr. Kamlesh Tiwari, Advocates, for the petitioners.

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

The petitioners have preferred this writ petition, praying for quashing of the order dated 07.08.2023, as it has been passed by the Court of learned Additional Chief Judicial Magistrate, Dehradun in Miscellaneous Case No. 1873 of 2023, Harsh Sirohi Vs. Virendra Singh and others, as well as, a prayer has also been made for quashing the FIR No. 228 of 2023, registered at P.S. Rajpur, District Dehradun, for the offences under Sections 323, 452, 504 & 506 of IPC.

By virtue of the impugned order, which is under challenge i.e. dated 07.08.2023, an Application which had been preferred by the respondent under Section 156(3) had been allowed and consequently, a direction has been issued to register an FIR. As a result thereto, the impugned FIR has been registered at P.S. Rajpur, District Dehradun.

All the offences, for which the FIR has been registered, they carry a sentence of less than seven years, in that eventuality, it has been contended by the learned counsel for the petitioner that the writ petition may be disposed of in the light of the judgment, as rendered by the Hon'ble Apex Court in the matters of Arnesh Kumar Vs. State of Bihar and Another, as reported in AIR 2014 SC 2756.

The same would accordingly stand disposed of in the light of the aforesaid judgment of Arnesh Kumar (supra). It is made clear that the petitioners would cooperate with the investigation to be carried by the respondent No. 2 herein and during the course of investigation, subject to the condition that the petitioners cooperate with the investigation no coercive action would be taken against them.

However, it is made clear that if there is any dereliction on part of the present petitioners in rendering cooperation with the Investigating Officer, it will be open for him to proceed in accordance with law.

Subject to aforesaid, the writ petition would stand disposed of.

(Sharad Kumar Sharma, J.) 21.08.2023 Mahinder/