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WPCRL/151/2023
2023 Latest Caselaw 319 UK

Citation : 2023 Latest Caselaw 319 UK
Judgement Date : 25 January, 2023

Uttarakhand High Court
WPCRL/151/2023 on 25 January, 2023
             Office Notes, reports,
             orders or proceedings
SL.
      Date   or directions and        COURT'S OR JUDGES'S ORDERS
No
             Registrar's order with
             Signatures


                                      WPCRL No.151 of 2023
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Ajay Veer Pundir, Advocate for the petitioner.

Mr. J.S. Virk, Deputy Advocate General for the State.

The present writ petition has been preferred by the petitioner praying for quashing of FIR No.10 of 2023 dated 21.01.2023, which has been registered by respondent no.3, as against the petitioner, for his alleged involvement in commission of offences under Sections 323, 504 and 506 of IPC. Simultaneously, they have also prayed for a writ of mandamus directing the respondent nos.1 & 2, not to take any coercive action against him for the aforesaid offences.

Looking to the nature of offences, and the gravity, which has been complained of in the FIR No.10 of 2023, and as it has been argued by the counsel for the parties, including the counsel for the complainant, this writ petition is disposed of in terms of the judgment of Arnesh Kumar vs. State of Bihar and Another as reported in (2014) 8 SCC 273, for which they will not have any objection, as such.

In that eventuality, this writ petition is being disposed of with a direction, that no coercive action would be taken against the present applicant for his alleged involvement, in the aforesaid case registered against him by way of an FIR No.10 of 2023, dated 21.01.2023, subject to the condition, that he actively cooperates with the investigation, which is to be conducted by respondent no.2.

Subject to the aforesaid exception, the writ petition stands disposed of.

(Sharad Kumar Sharma, J.) Vacation Judge 25.01.2023 Ravi

 
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