WPCRL/84/2023
2023 Latest Caselaw 223 UK

SL.          Office Notes,
No.   Date      reports,
               orders or                 COURT'S OR JUDGE'S ORDERS
             proceedings
             or directions
                  and
              Registrar's
              order with
              Signatures
                             WPCRL No. 84 of 2023

                             Hon'ble S.K. Mishra, J.

Mr. Anil Kumar Joshi, learned counsel for the petitioners.

Mrs. Manisha Rana Singh, learned A.G.A. for the State.

Mr. Harshpal Sekhon and Mr. Pradeep Chamyal, learned counsel for the caveator.

In view of the judgment passed by the Coordinate Bench on 23.12.2022 in Lt. Colonel (Retd.) Balraj Singh Lamba and Another vs. State of Uttarakhand and Another in Criminal Revision No. 201 of 2013 and the facts of the case that the informant has suppressed the material facts while lodging the FIR with application under Section 156 (3) of the Code has been rejected by the competent Magistrate, Rule Nisi.

Let the counter affidavit be filed by the respondents within four weeks from today.

List this matter on 04.05.2023. In the interregnum, it is directed that the investigation in the FIR No. 2 of 2023 dated 02.01.2023 registered under Sections 341, 384 and 504 of IPC, at Police Station-Kelakhera, District Udham Singh Nagar, shall go on but the petitioners shall not be arrested by the Investigating Officer without leave of the Court provided he cooperate with the Investigating Officer.

Stay application (IA No. 1 of 2023) stands disposed of.

(S.K. Mishra, J.) 12.01.2023 (Grant urgent certified copy as per Rules) Pooja