Rishu vs State Of Uttarakhand And Others
2023 Latest Caselaw 1285 UK

     HIGH COURT OF UTTARAKHAND AT
               NAINITAL
            Criminal Writ Petition No.576 of 2023
Rishu                                               ....Petitioner

                              Versus

State of Uttarakhand and Others                  ....Respondents

Present:-
            Mr. Lalit Sharma, Advocate for the petitioner.
            Mr. Lalit Miglani, A.G.A. with Ms. Sonika Khulbe, Brief
            Holder for the State.

                           JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner seeks quashing of FIR No.0128 of

2023, dated 26.03.2023, under Sections147, 149, 307, 332,

353, 504, 506, 186 IPC, Police Station Jaspur, District

Udham Singh Nagar, with related reliefs.

2. Heard learned counsel for the parties and

perused the record.

3. According to the FIR, on 25.03.2023, the police

had received an information that some persons were playing

music late in the night and some persons were dancing on

DJ. The police reached at the place, requested those persons

to stop the music and noise, which they were raising, but, it

is the case in the FIR that the miscreants, which include the

petitioner, attacked the police party, beaten them up, torn

their clothes, abused them and threaten them to life.

4. Learned counsel for the petitioner would submit

that at the alleged time of incident, the petitioner was in

Punjab.

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. The principles, which

cover such jurisdiction, have been illustrated by the Hon'ble

Supreme Court in the case of State of Haryana and Others

Vs. Bhajan Lal and Others, 1992 Supp (1) SCC 335.

6. According to the FIR, the named persons

attacked, abused, threatened and assaulted the police party.

Some of them were arrested. It is the case in the FIR that the

petitioner managed to escape. The petitioner takes a plea of

alibi. This Court cannot examine this fact. It is a matter of

evidence. Perhaps, at trial, the petitioner may require to prove

his plea of alibi. On this ground, the writ petition may not be

entertained. 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.) 09.05.2023 Ravi Bisht