Pawan Singh Alias Aman Singh And ... vs State Of Uttarakhand And Others
2023 Latest Caselaw 1595 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.771 of 2023
Pawan Singh Alias Aman Singh and Others                ....Petitioners

                               Versus

State of Uttarakhand and Others                     ....Respondents

Present:-
            Mr. Pankaj Sharma, Advocate for the petitioners.
            Mr. Ranjan Ghildiyal, A.G.A. for the State.

                            JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioners Pawan Singh alias Aman Singh,

Sandeep Singh alias Pammu alias Paramjeet, Hardeep Singh

alias Bunty, Smt. Bhajno Kaur, Ramesh Singh alias Messy

and Sholendra Singh alias Chhinder seek quashing of FIR

No.251 of 2023, dated 27.05.2023, under Sections 147, 148,

332, 353, 504 and 506 IPC, Police Station Bazpur, District

Udham Singh Nagar, with related reliefs.

2. Heard learned counsel for the parties and

perused the record.

3. The FIR has been lodged by the respondent

no.3, Dayal Ram, the informant, who is the Forest Officer.

According to the FIR, on 27.05.2023, the petitioner Pawan

Singh alias Aman Singh was found carrying wooden logs in

his motorcycle, which was also captured in CCTV footage.

When he was stopped, he attacked the beat watcher and ran

away. The matter was reported to the Senior Officer. When

questioned, it was revealed that the other petitioners were

involved in cutting of trees and they all attacked the Forest

Officers, in which some of the Forest Officers sustained

serious injuries and they were blood strained.

4. Learned counsel for the petitioners would submit

that it is a false FIR; in fact, there was a large scale cutting of

trees in the forest; the petitioners have reported the matter to

the Senior Officer, therefore, they have been falsely

implicated.

5. It is a writ petition under Article 226 of the

Constitution of India. If the FIR discloses commission of

offences, generally no interference is warranted unless there

are exceptional circumstances to do so.

6. The FIR in the instant case has been lodged by a

Forest Officer. It categorically records as to how the petitioner

Pawan Singh alias Aman Singh was spotted taking wooden

logs in a motorcycle, a incident, which was also captured in

the CCTV footage. When he was stopped, he attacked the

Forest Officers. Subsequently, when the petitioners were

questioned, they also attacked the Forest Officers. The FIR

definitely discloses commission of offence. Whatever

arguments have been made, these are the defences of the

petitioners, which would find scrutiny during investigation or

trial, as the case may be.

7. Having considered, 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.

8. The petition is dismissed in limine.

(Ravindra Maithani, J.) 09.06.2023 Ravi Bisht