Rajpal vs State Of Uttarakhand And Another
2023 Latest Caselaw 518 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.343 of 2023


Rajpal                                            ....Petitioner

                             Versus

State of Uttarakhand and Another                ....Respondents

Present:-
            Mr. B.S. Koranga, Advocate holding brief of Mr. Vikas
            Kumar Guglani, learned counsel for the petitioner.
            Mr. P.S. Uniyal, Brief Holder for the State.

                          JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

By means of the instant petition, the petitioner

seeks progress report in FIR No.25 of 2023, under Sections

323, 504 and 506 IPC, Police Station Rudrapur, District

Udham Singh Nagar.

2. Heard learned counsel for the parties and

perused the record.

3. It is argued by learned counsel for the petitioner

that, in fact, the ear of the victim was badly damaged, but,

the offence under Section 307 IPC has not been lodged.

4. The FIR in the instant case was lodged on

10.01.2023, under Sections 323, 504 and 506 IPC. It is the

role of the Investigating Officer to ascertain the truthfulness

of the FIR and proceed further. Just within 45 days of the

filing of the FIR, the petitioner seeks progress report. In such

a short period, and on the allegations, as levelled, there

appears to be no reason to make any interference.

Accordingly, the petition deserves to be dismissed, at the

stage of admission itself.

5. The petition is dismissed in limine.

(Ravindra Maithani, J.) 25.02.2023 Ravi Bisht