Vikint Kumar vs State Of Uttarakhand And Another
2023 Latest Caselaw 2417 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.1192 of 2023
Vikint Kumar                                             ....Petitioner

                                 Versus

State of Uttarakhand and Another                      ....Respondents

Present:-
             Mr. Shubhr Rastogi, Advocate for the petitioner.
             Mr. K.S. Rawal, A.G.A. for the State.


                             JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks quashing of FIR No.0163 of

2023, dated 17.08.2023, under Sections 186, 332, 353, 504

and 506 IPC, Police Station Khanpur, District Haridwar, with

related reliefs.

2. Heard learned counsel for the parties and

perused the record.

3. The FIR in the instant case has been lodged by

the respondent no.3, the informant, who is Village Panchayat

Development Officer in Block Khanpur, District Haridwar.

According to the FIR, on 16.08.2023, the petitioner called the

informant for meeting in Block. When the informant reached

the Block, the petitioner started abusing the informant with

caste coloured remarks and threatened him to life. He also

destroyed some government documents, threw them on the

informant and assaulted him with kicks and fists.

4. Learned counsel for the petitioner would submit

that the FIR is false; the informant has not been discharging

his duties as per law; various Village Pradhans were unhappy

with the work of the informant; they had made a complaint;

there has been no marpeet, as stated in the FIR.

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, the FIR categorically reveals

as to what was done by the petitioner. It is a case of abusing,

threatening and destroying public documents and assaulting

a public servant while discharging his duties. What is its

truthfulness or credibility, it would fall for scrutiny during

investigation or trial, as the case may be. In these

proceedings, the Court may not examine the truthfulness of

the averments, as made in the FIR. The FIR definitely

discloses commission of offences. Therefore, this Court is of

the view that there is no reason to make any interference.

Accordingly, the petition deserves to be dismissed at the stage

of admission itself.

7. The petition is dismissed in limine.

(Ravindra Maithani, J.) 23.08.2023 Ravi Bisht